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 renewable of the Lease after a period of 5 years with an increase in rent @10%. The Defendant in terms of the Clause 4 of the said Lease Deed dated 13/8/1983, had duly honoured the same as under:

4. So far as the issue as regards notice terminating tenancy is concerned, the same is also an admitted fact because the appellant admits having received the notice dated 7.9.1996 although, the legality thereof is disputed on the ground that the said notice cannot terminate the tenancy allegedly because as per the appellant the notice was for terminating of tenancy only on the grounds of non-payment of rent and subletting, and which grounds do not exist. In order to understand the meaning of this notice dated 7.9.1996, the same is reproduced below:-

“[1]. That the entire second floor of the Premises bearing No.E-15, NDSE Part-II, New Delhi comprising of a big hall and attached bath etc. with lift alongwith entrance from the from as well as rear side of the building, has been 1st out to you by my clients at a monthly rental of Rs.3200/- exclusive of all other charges.

[2]. That the premises were left out to you on 13.8.1983 with a conditions that the lease shall be renewed after a period of 5 years on 15% increase of the last paid rent. Consequently you are liable to pay the rent @ Rs.3200/- per month w.e.f 13.8.1983 to 12.8.88 and Rs.3520 w.e.f 13.8.1993 onwards.

[3]. That you have defaulted in making payment of the rent and you have neither paid nor tendered the arrears of rent my clients for a period of more than 3 years and that you had illegally paid the arrears of rent to the Municipal Corporation of Delhi. Without the written consent of my clients making yourselves liable for making the payment.

[4]. That you have also sub-let, assigned or otherwise parted with the possession of the premises in question to some unauthorized person for which you have made yourselves liable for eviction not only on the ground of non-payment of rent and that my clients I hereby do and your tenancy stands terminated by 13th of October, 1996 being the last date of the tenancy month as your tenancy starts from the 13th of each English calendar month and ends on the 12 of the succeeding month.

[5]. That you are liable to pay damages for use and occupation @ Rs.125/- per sq. ft. per month after 13th of October, 1996 as your occupation of the premises shall be unauthorized, illegal and as that of a trespasser after 13th day of October, 1996.

I, thereby called upon you to please vacate the premises and hand over its vacant and peaceful possession to my client on or before 13th of October, 1996 and pay the arrears of rent within that period, failing which I have definite instructions to take the law into motion for your eviction as well as for the recovery of the arrears of rent, and