The main legal point established in the judgment is the interpretation and application of the Delhi Rent Control Act and the Transfer of Property Act in determining the landlord-tenant relationship and the termination of tenancy.

Valmiki J. Mehta, J. (Oral)

1. The challenge by means of this regular second appeal filed under Section 100 CPC is to the impugned judgment of the appellate court dated 10.5.2013 which has dismissed the appeal, filed by the appellant/defendant/tenant. The first appeal was against the judgment of the trial court dated 4.2.2013 by which the suit for possession and mesne profits of the respondent-plaintiff was decreed to the extent of possession by allowing the application under Order 12 Rule 6 CPC.

2. In Delhi, in order to maintain a suit in civil court for possession, the following three requirements have to exist: (i) there was a relationship of landlord and tenant between the parties; (ii) the premises are not governed by the Delhi Rent Control Act, 1958 and (iii) contractual monthly tenancy is terminated by sending a notice under Section 106 of the Transfer of Property Act, 1882.

3. In the present case, the relationship of landlord and tenant is admitted. Though service of the legal notice is disputed, the issue is no longer res integra that the service of summons in the suit can always be treated as a notice terminating tenancy under Section 106 vide the judgment of this Court in the case of M/s. Jeevan Diesels and Electricals Limited Vs. Jasbir Singh Chadha (HUF) and Anr. (2011) 183 DLT 712. This aspect has been rightly considered by the appellate court in paras 5,8 and 9 of the impugned judgment and which read as under:-

5. Thereafter, the plaintiff filed an application U/o 12 Rule 6 CPC. The Ld. Trial Court after considering the material on record found unequivocal and unambiguous admission on behalf of defendant with regard to landlord-tenant relationship between the parties. As regard the service of notice U/s 106 of Transfer of Property Act is concerned, the Ld. Trial Court relied upon the law laid down by the Hon’ble High Court of Delhi in case reported as, “183 (2011) DLT 712”, title as, “Jeevan Diesels & Electrical Ltd. V/s M/s Jasbir Singh Chadha (HUF) & Anr.”, wherein it has been held that even the service of summons of the suit can be treated as a notice U/s 106 of Transfer of Property Act, 1882.

8. The Ld. Trial Court found that the landlord-tenant relationship was admitted between the parties and that for want of any rent agreement, specifying the period for which the premises was given on rent to the defendant, the tenancy would be month to month tenancy and the same could be terminated by the plaintiff by giving a Notice U/s 106 of Transfer of Property Act. The Ld. Trial Court without referring to the Notice U/s 106 of Transfer of Property Act, dated 23.08.2012 and the postal receipts with regard to service thereof by the plaintiff upon the defendant has chosen to rely upon the law laid down by the superior courts in this regard. The Ld. Trial Court did not draw presumption, as contemplated U/s 27 of the General Clauses Act. According to me, the reliance upon the law laid down in “JeevanDiesels & Electrical Ltd.’s” case (supra) by the Ld. Trial Court is well founded. In this regard, the Hon’ble Supreme Court has also settled the law in case reported as “AIR 2008 SC 673”, title as, “ M/s Nopani Investment (P) Ltd. V/s Santokh Singh (HUF)”, wherein it has been held that mere service of summons of a suit for ejectment is treated as a valid service for termination and after six months of the receipt of summons by the defendant in the said case, he should have vacated the same.

9. Further the Hon’ble Supreme Court in case reported as, “JT 2012 (9) SC 214, titled as, “Payal Vision Ltd. V/s Radhika Choudhary”, has been pleased to lay down as under:

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6. In a suit for recovery of possession from a tenant whose tenancy is not protected under the provisions of the Rent Control Act, all that is required to be established by the Plaintiff-landlord is the existence of the jural relationship of landlord and tenant between the parties and the termination of the tenancy either by lapse of time or by notice served by th