W N GUJRAL Vs. KAVITA CHHIBBER

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India impugns the order of the trial court dated 10.5.2014 by which the trial court has rejected an application under Order XII Rule 6 of Code of Civil Procedure, 1908 (CPC) filed by the petitioner/plaintiff in a suit for possession. The subject suit for possession was filed by the petitioner/plaintiff stating that there is a relationship of landlord and tenant between the parties, rate of rent is more than Rs.3,500/- per month that is Rs.10,000/- per month, and the monthly tenancy was terminated by a legal notice dated 4.10.2013 sent under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as 'the Act') .

(2.) At the outset, I may note that both the parties to this case are advocates. Certain personal relationships are alleged between the parties as per the written statement, however, I need not dwell on the same except bringing on record the fact, and which fact has also been noticed by the trial court, that the written statement runs into about 50 pages and in these 50 pages the respondent/tenant has raised about 115 paragraphs as preliminary objections and submissions. Of course none of these aspects will be relevant because all that has to be seen is the existence of relationship between the parties as a landlord and tenant and the rate of rent being more than 3,500/- per month to be taken with the fact that there is termination of monthly tenancy by serving the notice under Section 106 of the Act.

(3.) Before me the first argument urged by the respondent/defendant/tenant is that the notices issued for termination of tenancy were contradictory and therefore tenancy of the respondent/defendant is not terminated. There is also a second submission which was raised on behalf of the respondent/defendant/tenant at the stage of dictation of the judgment that there is a dispute as to what area was occupied by the respondent/defendant/tenant and this aspect raises a triable issue.