The main legal point established in the judgment is that the court upheld the legality of the trial court's decree for possession based on the established landlord-tenant relationship, rent above Rs.3,500 per month, and service of summons as notice under Section 106 of the Transfer of Property Act. The court also emphasized that territorial and pecuniary jurisdiction issues can be waived and required appropriate particulars to support the objection.

VALMIKI J. MEHTA, J.

Caveat No. 865/2017

Counsel for the caveator enters appearance.

Caveat stands discharged.

C.M. Appl. No. 36048/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

RFA No. 844/2017 and C.M. Appl. No. 36047/2017 (for stay)

1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the trial court dated 25.08.2017 by which the trial court has decreed the suit for the relief of possession under Order XII Rule 6 CPC.

2. The suit property is LIG Flat bearing No. D-1C/18A, Ground Floor, Janak Puri, New Delhi. There is no dispute that there is a relationship of landlord and tenant between the parties. It is also not in dispute as per the written statement that the rate of rent is above Rs.3,500/- per month and thus there is no protection of the Delhi Rent Control Act, 1958. Application under Order XXXIX Rule 10 CPC had been allowed to the extent that the appellant/defendant shall pay the admitted rent at the rate of Rs.15,000/- per month.

3. In Delhi, once there exists a relationship between landlord and tenant between the parties and the rate of rent is above Rs.3,500/- per month, there is no registered lease deed for the tenanted premises for a period, then, by serving a notice under Section 106 of the Transfer of Property Act, 1882 the suit for possession can be filed. In fact, there is no need of sending of a legal notice under Section 106 of the Transfer of Property Act, because service of summons of the suit have been taken by the Courts to be service of notice under Section 106 of the Transfer of Property Act vide M/s. Jeevan Diesels and Electricals Limited Vs. Jasbir Singh Chadha (HUF) and Anr. (2011) 183 DLT 712.

4. Therefore, once all the aspects as to existence of relationship of landlord and tenant, rate of rent being above Rs.3,500/- per month and service of summons in the suit being taken as service under Section 106 of the Transfer of Property Act, the trial court has committed no illegality in decreeing the suit.

5. Learned counsel for the appellant/defendant argues that the courts at Dwarka, New Delhi had no territorial jurisdiction because territorial jurisdiction will be of the District Court, Central in Tis Hazari Courts. It is argued that the suit plot falls under the jurisdiction of Police Station Maya Puri and Police Station Maya Puri is under the jurisdiction of the District Judge, Central, Tis Hazari Courts, Delhi and not at Dwarka Courts.

6. In my opinion, false and frivolous defences are not bonafide disputed questions of fact which require trial. After all, all the properties are in Delhi and issue of territorial jurisdiction is not an issue of lack of inherent jurisdiction. Issues of territorial and pecuniary jurisdiction are not issues of lack of inherent jurisdiction because such objections can be waived as per Section 21 CPC. Also a self-serving pleading without any substantiation would only be a mantra and uttering of a mantra of lack of territorial jurisdiction does not mean that sufficient pleading exist to show that the courts at Delhi do not have jurisdiction. Order VI Rule 4 CPC requires that wherever appropriate particulars are to be given then such particulars should be given and therefore it was upon the appellant/defendant/tenant to give particulars as per various notifications issued by this Court as to how the Courts at Dwarka do not have jurisdiction.

7. Learned counsel for the respondent/plaintiff/landlord has filed in this Court notification dated 19.7.2016 whereby the civil cases of Janakpuri were transferred to Dwarka Courts. This notification being a gazette notification is a public document and therefore this Court can refer to the same. This notification reads as under:-

“(TO BE PUBLISHED IN DELHI GAZETTE PART-IV EXTRA-ORDINARY)

GOVERNMENT OF NATIONAL CAPITAL TERRITORIAL OF DELHI DEPARTMENT OF LAW, JUSTICE AND LEGISLATIVE AFFAIRS 8TH LEVEL, C-WING, D