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2005 Supreme(Del) 349

T.S.THAKUR
G. M. ENTERPRISES PVT LTD – Appellant
Versus
SEM TIAN EXPORTS AND HOTELS PVT. LTD. – Respondent


Advocates Appeared:
M.Mirza, P.S.Bindra, SANDEEP SETHI

( 1 ) IN this suit for ejectment and mean profits, the plaintiff has made an application under Order XII Rule 6 of the CPC for a decree in its favour on the admissions of the defendant. The facts leading to the institution of the suit and the application filed by the plaintiff may be set out thus:-

( 2 ) IN terms of lease agreement dated 28th May, 1999 executed between the parties, the plaintiff company let out the suit premises comprising basement, ground floor and mezzanine floor of a commercial building situate in the Masjid Moth area of new Delhi. The lease deed purported to create a lease initially for a period of three years commencing from Ist June, 1999 and gave to the lessee the option of renewal for two further terms of three years each subject to its fulfilling the terms stipulated for such renewals. The plaintiff s case is that the defendant lessee did not exercise the option of renewal of the lease inasmuch as the lessee did not comply with the conditions stipulated for such renewal in particular the lessee did not, according to the plaintiff, give to the latter, a notice in writing expressing its desire to avail of the option to renew the lease. It did not even pay the
















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