JUDGMENT

A.K. Pathak, J. Briefly stated, facts of the case, for the purpose of disposal of present appeal, are that property bearing no. B-9, Gujranwala Town, Part-I, Delhi was purchased by the respondents from Shri Raj Tandon in the year 1988. Appellant was tenant in respect of the ground floor and basement of said property right from 1975 onwards (for short, hereinafter referred to as `suit property'). A registered lease deed was executed between Shri Raj Tandon and appellant on 27th August, 1991 for a period of 5 years, that is, with effect from 1st March, 1990 to 28th February, 1995. Since the suit property was used by the appellant for non confirming use, therefore, proceedings under Section 29(2) of the Delhi Development Act, 1957 were initiated against the erstwhile owner. As per the appellant, penalty imposed by the Delhi Development Authority (DDA) was paid by the appellant initially but subsequently, appellant disputed its liability to pay the same. However, issue regarding payment of penalty is not relevant for the purpose of present appeal since legality of decree of possession passed under Order 12 Rule 6 CPC is the subject matter involved in this appeal.

2. Responde