RAM PISTON AND RINGS LIMITED Vs. BANWARI LAL

JUDGEMENT

(1.) This is the defendant's appeal, who is aggrieved by the decree directing his ejectment from the Flat No. E-35,3rd Floor, Himalaya House 23, Kasturba Gandhi Marg, New Delhi (hereinafter referred to as the "suit accommodation") as also for recovery of mesne profits passed by the Additional District Judge in Regular Civil Suit No. 125/89 The suitout of which this appeal arises was filed by the res pondents/plaintiffs on he allegation that the appellant/defendant was inducted in the suit accommodation as a tenant at the rate of Rs. 4,475.00 per month under the respondents and that the defendant's tenancy was duly terminated bythe notice to quit dated 28.12.1988.

(2.) The suit was resisted on the ground that the defendant's tenancy has not been duly terminated and the eviction suit was barred under the provisions of the Delhi Rent Control Act. A plea was also raised in defence that the notice to quits tood waived and the plaintiff was not entitled to a decree for ejectment of the defendant from the suit accommodation.

(3.) The Trial Court found in favour of the plaintiffs of all the issues. It held that the suit is not barred under Section 51) of the Delhi Rent-Control Act and mere acceptance of rent by the plaintiffs for periods subsequent to the notice to quitdoes not amount to waiver. It also held that the defendant's tenancy was validly. determined by the notice to quit dated 28.12.1988.