( 1 ) IA 1678/2000 through this application under order 12 rule 6 civil Procedure Code the plaintiff seeks a decree for possession in respect of the suit property in view of the admission as to relationship of. landlord and tenant, rate of rent and termination of tenancy firstly by efflux of time and subsequently by way of notice under Section 106 of transfer of Property Act. Put briefly, the relevant facts are as under :

I) The tenancy in respect of the suit property was created on 8/12/1976 by way of an unregistered lease deed for a period of ten years but it continued till 7/12/1995 as it was renewed from time to time by way of increasing the rent; ii) the tenancy stood terminated by efflux of time on 7/12/1995 whereafter the plaintiff did not accept any rent or damages for use and occupation; iii) legal notice dated 12/12/1995 was served upon the defendant whereby the tenancy was terminated in terms of section 106 of Transfer of Property Act (hereinafter referred to as TP Act) and the defendant was called upon to hand over the-possession by the mid-night of 31/1/1996; iv) vide legal notice dated 28/2/1996 the tenancy was again terminated and the defendant was called