NANAK RAM JAISINGHANI Vs. TILAK RAJ SALOOJA

JUDGEMENT

(1.) By this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC), the appellant/defendant impugns the judgments of the Courts below; of the appellate Court dated 17.5.2013 and of the trial court dated 5.3.2013; by which the suit of the respondent/landlord for possession and mesne profits has been decreed.

(2.) In Delhi, for a suit to be maintainable in a civil court against a tenant, there are three requirements:-

(3.) It is not disputed before me on behalf of the appellant that there was a relationship of landlord and tenant between the parties and rate of rent was more than Rs.3,500/- per month. However, what is argued before me is that in the notice terminating tenancy, ground of termination of tenancy which was pleaded was of sub letting and not of termination under Section 106 of the Transfer of Property Act, 1882 and since the tenancy was not legally terminated, the suit has to fail.