M. S. A. Siddiqui, J.

( 1 ) THIS is the defendant s appeal, who is aggrieved by the decree directing his ejectment from the Flat No. E-35, 3rd floor, Himalaya House, 23 , Kasturba Gandhi Marg, New Delhi (hereinafter REFERRED TO to as the "suit accommodation") as also for recovery of mesne profits passed by the Additional District Judge in regular Civil Suit No. 125/89.

( 2 ) THE suit out of which this appeal arises was filed by the respondents/plaintiffs on the allegation that the appellant/defendant was inducted in the suit accommodation as a tenant at the rate of Rs. 4. 475. 00 per month under the respondents and that the defendant s, tenancy was duly terminated by the notice to quit dated 28. 12. 1988.

( 3 ) THE suit was resisted on the ground that the defendant s tenancy has not been duly terminated and the eviction suit was barred under the provisions of the Delhi Rent Control Act. A plea was also raised in defence that the notice to quit stood waived and the plaintiff was not entitled to a decree for ejectment of the defendant from the suit accommodation.

( 4 ) THE trial court found in favour of the plaintiffs of all the issues. It held that the suit is not barred under secti

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