( 1 ) AKASH Ganga Builders and Engineers Pvt. Ltd. has assailed the order passed by the learned Additional District Judge, Delhi, thereby decreeing the suit of the respondent, granting decree of possession and mesne profits.

( 2 ) THE impugned judgment and decree have been assailed primarily on the grounds: (i) That the notice terminating the tenancy under Section 106 of the Transfer of Property Act (hereinafter called the T. P. Act) dated 7th May,1996 was not valid. Hence in the absence of valid notice decree could not have been passed, (ii) That as per oral agreement the period of tenancy could be extended at the option of the lessee (appellant herein ). The appellant/lessee exercised that option seeking extension of lease for another period of ten years. Since the tenancy was subsisting it could not have terminated by efflux of time. (iii) That there was no admissions made by the appellant on the basis of which decree could be passed under Order 12 Rule 6 CPC, and finally (iv) the amount of rent had already been paid in excess to the respondent, therefore, the appellant was not liable to pay any mesne profit rather the excess amount already paid was required to be