REVA KHETRAPAL, J.

1. This appeal is directed against the judgment of the learned Additional District Judge dated 9.4.2009 decreeing the suit of the plaintiff for possession under the provisions of Order XII Rule 16 of the Code of Civil Procedure.

2. The facts relevant for the decision of the present appeal are as follows:-The respondent is the owner of property No.E-25, NDSE Part-II, New Delhi measuring a covered area of 68.79 sq.mtrs.(740.44 sq.ft.) on the ground floor with public verandah in front as part thereof. The premises were let out to the appellant by the respondent in May, 1975 for 11 months by an unregistiered lease deed, which expired on 03.04.1976. No renewal was sought and the appellant continued as a tenant holding over from month to month. On 16.8.1978 again an unregistered agreement was executed between the parties for a period of three years with the lease coming into effect from 03.03.1977. The three years term having expired by efflux of time on 03.03.1980, the appellant continued as a month to month tenant by holding over. The terms of the oral tenancy also kept on changing and on 01.01.2005, a new oral month to month tenancy came into existence where