MS. PINKI JAIN Vs. SMT. SUMAN BALA BHASIN

JUDGEMENT

(1.) This Regular First Appeal is filed under section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 25.08.2017 by which the trial court has decreed the suit for the relief of possession under Order 12, Rule 6 CPC.

(2.) The suit property is LIG Flat bearing No. D-1C/18A, Ground Floor, Janak Puri, New Delhi. There is no dispute that there is a relationship of landlord and tenant between the parties. It is also not in dispute as per the written statement that the rate of rent is above Rs. 3,500.00 per month and thus there is no protection of the Delhi Rent Control Act, 1958. Application under Order 39, Rule 10 Civil P.C. had been allowed to the extent that the appellant/defendant shall pay the admitted rent at the rate of Rs. 15,000.00 per month.

(3.) In Delhi, once there exists a relationship between landlord and tenant between the parties and the rate of rent is above Rs. 3,500.00 per month, there is no registered lease deed for the tenanted premises for a period, then, by serving a notice under section 106 of the Transfer of Property Act, 1882 the suit for possession can be filed. In-fact, there is no need of sending of a legal notice under section 106 of the Transfer of Property Act, because service of summons of the suit have been taken by the Courts to be service of notice under section 106 of the Transfer of Property Act vide M/s. Jeevan Diesels and Electricals Limited Vs. Jasbir Singh Chadha (HUF) and Anr. (2011) 183 DLT 712.