( 1 ) IN the suit for possession and mesne profits, the plaintiff has filed the application (I. A. 2435/96) under Order 12, Rule 6 read with Section 151 of the Code of Civil Procedure (for short "the Code) for passing a decree of possession on admission.

( 2 ) THE plaintiff s case is that she is the owner of property No. E-525, Greater Kailash-ll, New Delhi; had let out the same to the defendant under a lease deed dated 18. 1. 1982 at a monthly rent of Rs. 6,500. 00. The lease was duly registered and was for a period of three years and renewable, for a period of two years with enhanced rent of 10%, which was so renewed for two years and the rent was raised Rs. 7,150. 00 ; that lease being for a fixed period, expired by efflux of time after five years; the defendant did not vacate the premises; after the amendment in the Delhi Rent Control Act in 1988, the premises are out of the purview of that Act as the rent is more than Rs. 3. 500. 00 per month. The plaintiff also gave notice dated 20. 2. 1990 terminating the tenancy though it was not necessary. The defendant has not vacated the premises, the plaintiff also) claims mesne profits @ Rs. 35,000. 00 , hence this suit f