( 1 )

( 2 ) LEARNED Counsel for the parties slated that as the point involved in the appeal is very short the same be heard and Finally decided at this stage itself; accordingly; by this order we propose to dispose of this appeal.

( 3 ) THE appeal is directed against the judgment and decree dated 3rd April, 1999 passed by the Court of Additional District Judge, Delhi decreeing the suit of the respondent (plaintiff) for possession and mesne profits against the appellant (defendant) under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (for short cpc ).

( 4 ) FACTS giving arise to this appeal briefly are that respondent (plaintiff) Filed a suit on 4th May, 1998 against the appellant (defendant) for recovery of possession and for damages/mesne profits for unauthorised use and occupation of flat No. 9, 3rd Floor, measuring about 721 sq. ft. in New Delhi House, Barakhamba Road, New Delhi (hereinafter referred to as the suit premises) alleging therein that the respondent was the landlord/owner of the suit premises which were in occupation of the appellant/tenant on a monthly rent ofrs. 5,000. 00. although the tenancy had expired by efflux of time on 13th April, 1