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2003 Supreme(Del) 479

J.D.KAPOOR
UBEROISONS (MACHINES) LIMTED – Appellant
Versus
SAMTEL COLOR LIMITED – Respondent


Advocates Appeared:
C.V.FRANCIS, J.P.Gupta, Jimon Raju, RIKKY GUPTA

J. D. Kapoor, J.

( 1 ) THIS is a suit for possession as well as recovery of arrears of rent, mesne profits-and damages. Suit for possession has become infructuous as during the pendency of the suit, possession was handed over by the defendant to the plaintiff. The suit that survives is for recovery of rent, mesne profits and damages. The relevant facts pleaded in this regard are as under:

( 2 ) ON 27th November, 1989, the plaintiff and defendant entered into a lease agreement in respect of the basement floor along with a toilet on the ground floor of building No. 21, Community Centre, New Friends Colony, New Delhi (hereinafter referred to as the demised premises ). The lease was created for a period of 3 years beginning from 1st September, 1989 and was duly registered with the Sub- registrar, New Delhi. Some of the important terms as mentioned in the lease agreement are as under:

(1) That the Lessor shall give and the Lessee shall take on rent the demised premises paying a monthly rent of Rs. 36,000/- (Rupees thirty six thousand only) exclusive of water and electricity charges but inclusive of all existing taxes, rates and cesses. However, any future increase in the applicable taxe















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