- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 28.11.2008 passed by the High Court of Delhi in Regular First Appeal No.465 of 2008. In the impugned judgment upon admission the High Court came to a finding that a case of ejectment was made out against the appellant on the basis of admission of the case of the plaintiff-landlord in the written statement filed by appellant. In passing the said judgment the High Court affirmed the judgment and decree of dispossession passed by the Additional District Judge, Delhi on 23.09.2008 against the appellant.
(3.) The material facts of the case are that the respondents-plaintiffs, claiming to be the landlords/owners of the premises bearing Flat No.205, (2nd Floor), Arunachal Building, 19, Barakhambha Road, New Delhi-110001 having area of 581 sq. ft., (super area) (hereinafter, 'the suit premises') filed a suit against the appellant for recovery of possession and mesne profit. The case of the plaintiff-landlord in the plaint is that the appellant was inducted as a tenant vide lease deed dated 07.07.2003 at a monthly rent of Rs.23,200/- for a period of three years with effect from 07.07.2003. According to the respondents-plaintiffs the said lease dated 07.07.2003 was initially for a period of three years and which was to be renewed for a further period of three years as per the mutual consent of both the parties with 20% increase in the monthly rent. The main case of the plaintiff- landlord is that the said lease deed had expired by efflux of time and notice to that effect was sent to appellant which was enclosed with the plaint. In paragraph 6 of the plaint further averment is that the appellant, despite determination of its tenancy of the suit property, has failed to vacate the suit property, and handover the possession thereof to the respondents-plaintiffs.;