Valmiki J. Mehta, J. (Oral)

1. This regular second appeal is filed under Section 100 CPC impugning the concurrent judgments of the courts below; of the trial court dated 21.4.2012 and the first appellate court dated 7.6.2013; by which the application of respondents/plaintiffs/landlords under Order 12(6) CPC has been allowed and suit for possession and mesne profits have been decreed against the appellant/defendant/tenant.

2. In the city of Delhi civil courts can entertain suits for possession when three factors exist: (i) there was a relationship of landlord and tenant between the parties; (ii) rate of rent is more than Rs.3,500/-per month; and (iii) the monthly tenancy is terminated by means of a notice under Section 106 of the Transfer of Property Act, 1882.

3. There is no dispute that there is a relationship of landlord and tenant between the parties. There is also no dispute that the rate of rent is more than Rs.3500/- per month and which becomes clear from a reading of para-2 of reply on merits of the written statement and which reads as under:-

“2. The averments made is not factually correct and hence denied. Clause 4 of the Lease Deed provides for an automatic renew