M.L. MEHTA, J.

1. The present revision petition has been filed under Section 115 Code of Civil Procedure (CPC) against the order dated 27.11.2010 passed by ld. Civil Judge, whereby the application of the petitioner under Order 12 Rule 6 CPC for decree of possession was dismissed.

2. The brief facts of the case are that the mother of the petitioner, Vijaylaxmi Rastogi executed a lease deed dated 11.09.2004 in favor of the respondent company in respect of her property no. 609, Madhuban, 55, Nehru Place, New Delhi (hereinafter referred as suit premises) for a period of three years. Late Vijaylaxmi Rastogi bequeathed the suit premises to the petitioner by way of Will dated 17.02.2007. Upon expiry of the period of lease in September 2007, the petitioner allegedly sent a legal notice dated 05.12.2007 to the respondent, calling for vacating the suit premises. The petitioner then proceeded to file a suit for possession, mesne profits and damages against the respondent, presently pending in the Court of ld. Civil Judge. The respondent filed the written statement along with various objections regarding the maintainability of the suit and out rightly denied the receipt of legal notice