Landlord can obtain possession of premises upon clear admissions about tenancy relations and formal lease termination, regardless of tenant's claims of extensions based on rent acceptance.

JUDGMENT

Jyoti Singh, J. This Regular First Appeal is preferred by the Appellant herein against the judgment and decree dated 11.08.2020, passed in CS No. 137/2018 by the learned Trial Court vide which the Trial Court has decreed the suit for possession filed by the Respondent on an Application under Order XII Rule 6 Code of Civil Procedure, 1908 (hereinafter referred to as `CPC') filed by her.

2. Appellant herein was the sole Defendant before the Trial Court and the Respondent herein was the Plaintiff. For the sake of convenience parties are referred to as Appellant and Respondent as per their status in this Court.

3. Facts of the present case are in a narrow compass and are encapsulated as follows:

a. Respondent filed a suit against the Appellant for possession, recovery of arrears of rent and mesne profits qua the suit property being shop No. 4, Ground Floor, J-5/121, Rajouri Garden, New Delhi-110027 (hereinafter referred to as suit property).

b. Respondent premised the suit on the landlord-tenant relationship between the parties. It was pleaded that Respondent had let out the suit property to the Appellant in the year 2012 on the basis of a registered Lease Agreement executed between the parties on 10.10.2012 for a period of two years. The second registered Lease Agreement was executed on 10.10.2014, for a period of one year. The third and last Agreement was executed on 12.10.2015 for a period of 2 years at an enhanced monthly rent of Rs.16,800/-, for the first year and Rs.17,500/- for the second year.

c. Under the Agreement it was specifically agreed between the parties that if after the expiry of the tenancy period, the tenancy was extended for another period, with the mutual consent, then the monthly rent will be increased @ 5% and fresh Agreement will be signed by both the parties. This was translated in Clause 27(A) of the Lease Agreement.

d. It was the case of the Respondent that the tenancy came to an end by efflux of time on 10.10.2017, but Appellant failed to vacate the suit property.

e. Respondent further pleaded that Appellant sent a notice dated 26.09.2017, requesting the Respondent to extend the Lease for another two years. Respondent vide reply dated 09.10.2017 responded to the said notice refusing to extend the lease and instead called upon the Appellant to vacate the suit premises.

f. It was further averred that instead of vacating the suit premises, Appellant started unilaterally depositing the increased rent, through a cheque @ Rs.18,375/- per month, in the bank account of the Respondent, without the consent and knowledge of the Respondent.

g. Finding no alternative, Respondent sent a legal notice dated 06.12.2017 under Section 106 of the Transfer of Property Act, 1882 to the Appellant calling upon him to vacate the suit property, within 15 days of receipt of notice and pay damages @ Rs.1,000/- per day with effect from 11.10.2017 till handing over of possession. Notice was duly served upon the Appellant and was responded to by reply dated 02.01.2018.

h. In reply, Appellant took a stand that lease had been extended, albeit orally, for a further period of two years from 10.10.2017 and also referred to six post-dated cheques, sent by him for a sum of Rs.18,375/- each, towards the rent.

i. Respondent pleaded that lease had not been extended after the last Lease Agreement executed on 12.10.2