VIKRAMAJIT SEN
K. N. CHHIBER – Appellant
Versus
SAE INDIA LIMITED – Respondent
( 1 ) SHRI K. N. Chibber (Plaintiff No. 1) and Shri Sat Pal Gulati (Plaintiff No. 2) have filed this suit for possession and recovery of mesne profits against SAI (India) Limited, Defendant No. 1. In the plaint it has been stated that the Plaintiffs have jointly raised a two and half storyed building on the plot No. 29, Community Commercial Centre, Basant Lok, Vasant Vihar, New Delhi and that they are joint owners and joint lessees thereof. This property was let out to Defendant No. 1 in terms of a Lease Deed dated 3. 5. 1980. At the time of the filing of the suit the rent payable by Defendant No. 1 (hereinafter referred to as `the Tenant ) was Rs. 16,940/- per month. For reason which need not be dilated upon the Plaintiffs determined the lease of the tenant by the issuance by issue of a legal Notice dated 6. 11. 1989. It has been averred that Plaintiff No. 2 took a loan of Rs. 2,50,000/- from Defendant No. 2 in February 1980 and by way of security agreed that Defendant No. 2 would be entitled to his share of the rent of the premises for five years. It has been pleaded that in addition, Agreement to Sell dated 8. 8. 1980 as well as General Power of Attorney dated 12.
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