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2004 Supreme(Del) 325

H.R.MALHOTRA, VIJENDER JAIN, VUENDER JAIN
PHOOL RANI TRIVEDI – Appellant
Versus
SHRI VIKAS CHANDRA – Respondent


Advocates Appeared:
Amit Khemka, H.L.TIKKU, Harish Malhotra,

H. R. MALHOTRA, J.

( 1 ) THIS appeal arises out of the judgment rendered by the trial court dated 30. 8. 1997 whereby the suit of the plaintiffs/appellants for recovery of possession of the first floor of 8, Ishwar Nagar (East), Mathura Road, New Delhi was dismissed as also the claim of the plaintiff for damages was turned down.

( 2 ) THE claim of the plaintiffs for damages/mesne profits was also turned down by the same judgment.

( 3 ) FEELING dissatisfied with the impugned judgment dated 30. 8. 1997, the appellants have preferred the appeal.

( 4 ) IT is necessary for us to narrate the facts of the case as set out by the plaintiffs/appellants in their plaint.

( 5 ) THE appellants let out the entire first floor of Premises bearing No. 8, Ishwar Nagar (East), Mathura Road, New Delhi and servant quarter above the garage to the defendant/respondent on a monthly rent of Rs. 4000/- and executed the lease deed on 24. 4. 1984 which was got registered on 3. 5. 1984. The lease deed was for a period of three years commencing from 3. 5. 1984 and ending on 2. 5. 1987.

( 6 ) ACCORDING to the plaintiffs/appellants, the tenancy came to an end on 2. 5. 1987 by efflux of time but the defendant/respo




















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