( 1 ) THIS appeal is directed against the judgment of the learned Additional District Judge, Delhi dated 17th October, 1997 whereby a suit for possession and mesne profits and arrears of rent with respect to flat No. 106, First Floor, Ansal Bhawan, 16, Kasturba Gandhi Marg, New Delhi was decreed. The respondent filed the said suit as owner/landlord of the premises against the appellant herein. Admittedly the premises was let out by the respondent to the appellant vide a registered lease deed dated 15th October, 1973. The rent of the premises as per the lease deed was fixed at Rs. 3,676. 75p per month. According to the respondent a notice dated 2nd February, 1996 was issued by her advocate whereby the tenancy of the appellant was terminated and the appellant was called upon to hand over the vacant possession of the premises. The suit was filed on or about 20th March, 1996.

( 2 ) THE learned counsel for the appellant urged the following points: (i) the civil court had no jurisdiction to deal with the matter because the rent of the premises was below Rs. 3,500. 00 per month and, therefore, the provisions of the Delhi Rent Control Act applied; (ii) the notice dated 2nd F