( 1 )

( 2 ) ARGUMENTS in the appeal were heard, on 18th March, 1999 and judgment reserved. On conclusion of arguments, it was suggested to learned counsel for the parties to explore the possibility of an out of Court settlement. It appears that such a settlement has not been arrived at. Consequently, we proceed to deliver judgment.

( 3 ) THE Appellant came into possession of the suit premises, namely, Flat No. 703, 7th Floor, Archana Cinema Commercial Complex, Greater Kailash Part-I, New Delhi by virtue of a lease deed dated 1st May, 1981 which expired on 30th April, 1984. Thereafter, the partics entered into a registered lease deed dated 17th July, 1984 effective from 1st May, 1984. Clause 3 and Clause 4 of the lease deed have a material bearing on this appeal and these clauses read as follows:

"3. That the lease shall be of a continuous nature and shall continue till revoked by both the parlies by mutual consent subject to compliance of terms and conditions of lease and that of statutory provision applicable to leased property.

4. That rent and service charges for common facilities shall automatically stand increased by 15% respectively after expiry of every thr