SURESH SHARMA Vs. SHAILESH AWASTHI

JUDGEMENT

(1.) Cm No. 4325/2018 (Exemption)

(2.) Respondent/Plaintiff filed the subject suit for possession, arrears of rent, mesne profits etc with respect to the suit property pleading that appellant/defendant is the tenant thereof in terms of the notarized lease deed dated 9.4.2011 signed by the respondent/plaintiff and the appellant/defendant. The period of lease under the lease deed dated 9.4.2011 was for 11 months and after the period of 11 months the tenancy continued from month to month. As the appellant/defendant failed to vacate the suit premises hence after serving of the legal notice dated 25.11.2013 terminating the tenancy, the subject suit was filed.

(3.) Appellant/Defendant appeared and contested the suit and denied that there was any relationship of landlord and tenant between the parties. Suit was therefore prayed to be dismissed. It was pleaded that appellant/defendant was not in possession of the suit property. At this stage, on the aspect of existence of tenancy it will be relevant to note the pleading of the appellant/defendant in the written statement in para 2 of the preliminary objections as also para 2 of the reply on merits and these paras read as under:-