Indermeet Kaur, J.

1. This is suit for recovery of possession and also for damages for use and occupation.

2. The disputed premises are Flat No. 406, Milap Niketan, 4th Floor, 8-A, Bahadur Shah Zafar Marg, New Delhi. Parties had entered into a lease agreement dated 20.09.1980 for taking the premises on lease along with the fittings and fixtures at a rental of Rs. 5,155.50. The initial period of lease was for five years which expired on 31.10.1985. The defendant requested the plaintiff for a further renewal of five years which offer was not accepted by the plaintiff. The lease of the defendant had terminated by efflux of time. On 08.08.1989, a notice was served upon the defendant terminating his tenancy with effect from 01.09.1989. Defendant sent his reply dated 08.09.1989. He did not vacate the premises. Present suit was filed.

3. In his written statement, contention of the defendant was that the agreement dated 20.09.1980 was an `agreement to lease'; the defendant had performed his part of the contract; he was protected under Section 53A of Transfer of Property Act (hereinafter called as `TPA'); he could not be evicted. The document dated 20.09.1980 was a document in future; rights w