RAMESH CHANDER SETHI AND ANR Vs. SHASHI GROVER

JUDGEMENT

(1.) C.M. Appl. No. 48442/2018 (for exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the trial court dated 10.10.2018 by which the trial court had decreed the suit for possession, arrears of rent and mesne profits to the extent of the relief of possession, and has passed a decree for possession under Order XII Rule 6 CPC.

(3.) In Delhi, once the rate of rent is above Rs. 3,500/- per month, then the premises fall outside the protection of the Delhi Rent Control Act, 1958 and a tenant who does not have a registered lease deed in his favour for the period of tenancy, such a tenant is liable to be evicted from the premises in a suit filed for possession. In fact, though termination of tenancy is required to be done by issuing a notice under Section 106 of the Transfer of Property Act 1882, yet the filing of a suit has been treated as a notice terminating tenancy in terms of the judgment in the case of M/s. Jeevan Diesels & Electricals Ltd. v. M/s. Jasbir Singh Chadha (HUF) & Anr., 2011 182 DLT 402; SCC OnLine Del 1623; and this judgment relies upon the ratio of the earlier judgment of the Hon'ble Supreme Court in the case of Nopany Investments (P) Ltd. v. Santokh Singh (HUF), 2008 2 SCC 728.