G.P. Mittal, J.

1. Appellant takes exception to the order dated 26th October, 2010 passed by the learned Single Judge in Civil Suit (OS) No. 2400/2008 whereby IA No. 9073/2010 under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (CPC) was allowed and suit for possession filed by the Respondent was decreed.

2. We have heard Shri G.L. Rawal senior counsel for the Appellant threadbare.

3. Before we go into merits of the Appeal, we may sum-up essential facts necessary for disposal of the Appeal.

4. The Respondent (hereinafter referred to as the Plaintiff) is owner of Property No. S-323, Panchsheel Park, New Delhi. He had let out the ground floor, first floor, garage with servant quarter and lawn attached to the said construction to the Appellant (hereinafter referred to as `Hill Elliott') through a registered Lease Deed dated 16.10.1982. The tenure of the lease was for a period of four years expiring on 12.10.1986. According to the Plaintiff no registered Lease Deed was executed thereafter and thus Hill Elliott became statutory tenant on month to month basis on paying agreed rent @ Rs. 7,000/- per month. The tenancy of Hill Elliott was terminated vide a notice dated 9.08.2008 w.e.f.