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1. Vide this judgment, I shall dispose of the present suit filed by the plaintiff seeking ejectment, consequential relief of possession, recovery of damages/mesne profits and permanent injunction against the defendant.

(Neetu Nagar) JSCC-ASCJ-GJ/South East CS SCJ 467/18 Nina Bhalla Vs. Lorraine Monte PLAINT

2. Briefly the case of the plaintiff is that plaintiff is the daughter of late Smt. Swaran Beri w/o late Sh. Rajinder Pal Beri, the erstwhile owner of property bearing no. C-45, Housing Society, South Extension Part-I, New Delhi-110049 (in short "suit property"). Smt. Swaran Beri expired on 24.10.2017 at Jalandhar, while she was in the care and custody of the plaintiff. It is stated that during her lifetime, Smt. Swaran Beri had executed a Will in favour of the plaintiff, bequeathing the properties including the suit property in her favour.

a) Pass a decree of ejectment of the defendant, her legal heirs, assignees, representatives and all or any claiming through her, from the suit property i.e. second floor of property bearing No. C-45, Housing (Neetu Nagar) JSCC-ASCJ-GJ/South East CS SCJ 467/18 Nina Bhalla Vs. Lorraine Monte Society, South Extension Part-I, New Delhi 110049, more precisely shown in red colour in the site plan attached with the plaint and thereby directing the defendant to handover the peaceful and vacant possession of the suit property described hereinabove to the Plaintiff.
A tenancy at sufferance is merely a fiction to avoid continuance in possession operating as a trespass. It has been described as the least and lowest interest which can subsist in reality. It, therefore, cannot be created by contract and arises only by implication of (Neetu Nagar) JSCC-ASCJ-GJ/South East CS SCJ 467/18 Nina Bhalla Vs. Lorraine Monte law when a person who has been in possession under a lawful title continues in possession after that title has been determined, without the consent of the person entitled. A tenancy at sufferance does not create the relationship of landlord and tenant. At page 769, it is stated regarding the right of a tenant holding over thus : The act of holding over after the expiration of the term does not necessarily create a tenancy of any kind. If the lessee remaining in possession after the determination of the term, the common law rule is that he is a tenant on sufferance. 'The expression "holding over" is used in the sense of retaining possession. A distinction should be drawn between a tenant continuing in possession after the determination of the lease, without the consent of the landlord and tenant doing so with the landlord's consent. The former is called a tenant by sufferance in the language of the English Law and the latter class of tenants is called a tenant holding over or a tenant at will. The lessee holding over with the consent of the lessor is in a better position than a mere tenant at sufferance. The tenancy on sufferance is converted into a tenancy at will by the assent of the landlord, but the relationship of the landlord and tenant is not established until the rent was paid and accepted. The assent of the landlord to the continuance of the tenancy after the determination of the tenancy would create a new tenancy. The possession of a tenant who has ceased to be a tenant (Neetu Nagar) JSCC-ASCJ-GJ/South East CS SCJ 467/18 Nina Bhalla Vs. Lorraine Monte is protected by law. Although he may not have a right to continue in possession after the termination of the tenancy, his possession is juridical."

53. Decree sheet be prepared accordingly. The decree qua pendentelite damages/ mesne profits shall not be prepared till balance court fee on the amount as on 24.11.2021 is paid. The amount already deposited on behalf of the defendant is to be deducted / adjusted from the amount of mesne profits. Thereafter, file be consigned to record room.

                                                                 Digitally
                                                                 signed by
Announced in the open                            NEETU
                                                                 NEETU
                                                                 NAGAR
court today i.e. 04.05.2024                      NAGAR           Date:
                                                                 2024.05.04
(This judgment contains 38 pages                                 17:46:37
                                                                 +0530
signed by the undersigned)
                                                 (Neetu Nagar)
                                            JSCC-ASCJ-GJ/South East
                                              Saket Courts: New Delhi




(Neetu Nagar)
JSCC-ASCJ-GJ/South East