Whether Tenant can sustain an eviction suit by alleging renewal of lease through oral understanding?
Shubham Budhiraja [1] Mr. A and Mr. B entered into a registered lease agreement for 3 years. On expiry of lease period, Mr. B refused to vacate the premises. Mr. A filed suit for possession against Mr. B. Mr. B failed to file defense within the stipulated time. Mr. B took a plea of ‘oral understanding’ between the parties for renewal of lease. Mr. A filed application under Order 8 Rule 10 CPC seeking judgment on basis of deemed admission. The learned trial court allowed the application and passed order to evict Mr. B. Hon’ble Delhi High Court in Appeal upheld the judgment and observed as under: [2] (i) In an unregistered rent agreement or even in an oral tenancy, the tenancy can at best be considered on a month-to-month basis, and on serving of legal notice, the said tenancy can be terminated and premises ought to be vacated by the tenant. (ii) The due process of law does not entitle a litigant to force the Court to blindly put all suits