( 1 ) THIS appeal is directed against a decree for possession of Barsati Floor of House No. 51/3 (Original Road) Deshbandhu Gupta Road, Western Extension Area, Karol Bagh, New Delhi.

( 2 ) BRIEFLY stated, the relevant facts which have led to the filing of the present appeal are as under:

( 3 ) ON 26th October 1971, Smt. Mangla Devi let out the first floor and a motor garage on the ground floor in the aforesaid premises by lease deed dated 26/10/1971. Under clause 13 of the said deed, the lesser had permitted use of terrace on the second floor temporarily without any compensation. Clauses 13 and 14 of the said lease deed are as under:

"13. That the Lessor has permitted temporarily without any compensation the use of the terrace on the second floor. The Lessee covenants with the Lessor specifically that he will not obstruct or make any hindrance in the construction of the second floor if the Lessor obtains requisite permission to do so from the Authorities concerned. 14. That no part of the second floor has been let out to the Lessee and the entire premises on the second floor including the Barsati and terrace exclusively belong to the Lessor which she may utilise for