1. The Trial Court has passed a decree for possession of property bearing No.R-719, New Rajinder Nagar, New Delhi (hereinafter referred to as the “suit property”), against the appellant under Order XII Rule 6 of the Code of Civil Procedure which is under challenge in this appeal.

2. Vide registered lease deed dated 13th May, 2002, the respondent let out the suit property to the appellant for a period of two years. The aforesaid lease was renewed on 14th December, 2004 for a further period of two years at a monthly rent of `13,500/- per month. Vide registered lease deed dated 7th November, 2006, the aforesaid lease was renewed for a further period of two years at a monthly rent of `15,000/- per month. The lease deed dated 7th November, 2006 expired by efflux of time on 6th November, 2008. There is no renewal clause in the lease deed. The respondent claims that upon the expiry of the aforesaid lease, she requested the appellant to hand over the peaceful possession of the suit property to her.

3. Vide notice dated 20th June, 2009, the respondent notified the appellant that the registered lease deed dated 7th November, 2006 expired by efflux of time on 6th November, 2008, and the respondent does not wish to keep the appellant as her tenant any more. The respondent further notified the appellant to hand over the vacant and peaceful possession of the suit property on or before 15th July, 2009. The respondent also demanded the arrears of rent and mesne profits.

4. The aforesaid notice was sent by registered AD post to the registered office of respondent at K-26, Connaught Place, New Delhi – 110001 as well as at D-29, Okhla Industrial Area, Phase I, New Delhi. K-26, Connaught Place, New Delhi has been mentioned as the registered office of the appellant in the lease deed dated 7th November, 2006 whereas D-29, Okhla Industrial Area, Phase I, New Delhi is the present office of the appellant as per the memorandum of the appeal.

5. The notice sent to the registered office of the appellant at K-26, Connaught Place, New Delhi returned with the remarks “left” whereas the notice sent to the appellant at D-29, Okhla Industrial Area, Phase I, New Delhi was served and the acknowledgement card was received back by the respondent. The respondent obtained a certificate dated 20th May, 2010 from the Department of Posts in which it was certified that the letter sent to the appellant at D-29, Okhla Industrial Area, Phase I, New Delhi was delivered on 22nd June, 2009. The original postal receipts, original AD card in respect of the notice sent to the appellant at D-29, Okhla Industrial Area, Phase I, New Delhi, returned envelope of the notice sent at K-26, Connaught Place, New Delhi and the original certificate dated 20th May, 2010 issued by the Department of Posts have been filed by the respondent before the Trial Court.

6. On 22nd September, 2009, the respondent instituted a suit for recovery of possession and mesne profits against the appellant in respect of the suit property before the Trial Court. The appellant contested the suit on various grounds inter alia that the notice of termination dated 20th June, 2009 was not received. The appellant further pleaded that after November 2008, the appellant had been requesting the respondent to renew the lease deed dated 7th November, 2006 for further period of two years, but the respondent had been avoiding to renew the said lease on one pretext or the other. The appellant also challenged the title of the respondent and pleaded that the respondent was neither the co-owner nor had any right, title or interest in the suit property. The appellant claimed the respondent to be a trespasser. The appellant pleaded that the dispute between the respondent and the other co-owners of the suit property was pending before the Court and the appellant claimed entitlement to continue the possession till the decision of that suit

7. On 3rd May, 2010, the respondent filed an application under Order XII Rule 6 of the Co