MINAKSHI ARORA Vs. UMESH KUMAR BATRA

JUDGEMENT

(1.) THIS Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed against the concurrent judgments of the courts below; of the trial court dated 23.5.2012 and the first appellate court dated 1.3.2013; by which the suit of the respondent/plaintiff /landlord has been decreed with respect to entire third floor of the property being House no.147, Partap Nagar, Mayur Vihar -I, Dehi -91.

(2.) THE facts of the case are that the appellant/defendant/tenant took a portion on rent of third floor comprising of two bed rooms, one drawing -cum -dining room, one kitchen, one toilet -cum -bathroom at a rent of Rs.9,000/ - per month for a period of 11 months w.e.f 20.2.2009 to 19.1.2010 in terms of the rent agreement dated 20.2.2009. Subsequently in the month of November, 2009, one room with attached toilet -cum -bathroom was taken in substitution of the first tenancy portion, however, the appellant/defendant/tenant continued in possession of the old area as also the new area of one room on the third floor of the same property. Effectively the appellant/defendant/tenant was in possession thereof of the entire third floor of the property bearing house no.147, Pratap Nagar, Mayur Vihar, Phase I, Delhi. The subject suit came to be filed after legal notice dated 1.6.2010, Ex.PW1/J (postal receipts are Ex.PW1/K to Ex.PW1/L) was served upon the appellant terminating the monthly tenancy.

(3.) IN the written statement filed by the appellant there is no dispute that there exist a relationship of landlord and tenant. Also, there is no dispute with respect to the rate of rent, and which in any case is proved in terms of two rent agreements Ex.PW1/H and Ex.PW1/I. Notice terminating tenancy is also duly proved as Ex.PW1/J with postal receipts Ex.PW1/K to Ex.PW1/L. So far as service of notice terminating tenancy, the law in Delhi is now well settled in terms of the judgment of this Court in the case of M/s. Jeevan Diesels and Electricals Limited Vs. Jasbir Singh Chadha (HUF) and Anr. (2011) 183 DLT 712 which holds that in view of amended Section 106 of the Transfer of Property Act, 1882; object of which is to do away technical defences of illegal termination of tenancy; service of summons of the suit can also be treated as a notice terminating tenancy under Section 106 of the Transfer of Property Act, 1882. Para 7 of the judgment in the case of M/s. Jeevan Diesels and Electricals Limited (supra) is relevant and the same reads as under: -