SINGER INDIA LTD Vs. BIRENDER SINGH

JUDGEMENT

(1.) RESPONDENTS herein filed a suit being Suit No. 192/ 2002 for recovery of possession in respect of office Flat admeasuring 712.44 sq. ft., bearing No. 201, Guru Angad Bhawan, 71, Nehru Place, New Delhi situated on second floor including lobby and a bathroom against the appellant herein; the tenant inducted in the said premises by the respondents. The last paid rent was Rs. 4,165/- per month. The suit premises were leased out to the appellant vide Lease Deed dated 20.2.1980 for a period of three years with a clause that appellant had the option of successive renewal for three years on enhancement of rent by 10% of the existing rent at the time of each renewal. The tenancy of the appellant was terminated vide Notice dated 29.11.2007. After the termination of the tenancy, when appellant failed to hand over the vacant possession of the demised premises, respondents filed the instant suit against the appellant for possession as well as for mesne profits.

(2.) RESPONDENTS filed an application under Order 12 Rule 6, CPC seeking a decree for possession on the basis of admission made by the appellant. The said application was duly contested by the appellant. Vide its detailed order dated 16.11.2006, the trial Court passed a decree of possession in respect of suit property in favour of the respondents and against the appellant on the basis of admission. The appellant was directed to hand over the vacant and peaceful possession of the property to the respondents in its original condition.

(3.) LEARNED , Counsel for the appellant has argued that since the appellant is in possession of the premises for a long period, his possession is protected under the provisions of Section 53A of the Transfer of Property Act (hereinafter referred to as 'Act') and therefore the substantial question of law needs formulation, if the provisions of Section 53A or the provisions of Section 107 of the Act would prevail.