JUDGMENT

Valmiki J. Mehta, J (ORAL)

1. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 9.12.2011 decreeing the suit of the respondent/plaintiff/landlord qua the relief of possession on an application under Order 12 Rule 6 CPC.

2. In the city of Delhi tenanted premises whose rent exceeds Rs.3,500/- per month, and where the tenancy is a monthly tenancy, such tenancy can be terminated by serving of the legal notice under Section 106 of the Transfer of Property Act, 1882 (TPA). On the service of the notice a tenant becomes a trespasser in the erstwhile tenanted premises and is liable to hand over the vacant peaceful possession. In case of expiry of lease period by efflux of time no service of notice under Section 106 of the TPA is necessary.

3. In the present case, the premises in question is one shop bearing no. UG-39, Somdutt Chambers No.1, 5 Bhikaji Cama Place, New Delhi. The premises were let out for a period of two years under a registered lease deed dated 14.12.2005 and the agreed rent was Rs.7,000/- per month at the outset, and after 12 months the rent