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2002 Supreme(Del) 333

J.D.KAPOOR
ZULFIQUAR ALI KHAN – Appellant
Versus
J. K. HELENS CURTIS LIMITED – Respondent


J. D. Kapoor

( 1 ) THIS is an application under Order 12 Rule 6 CPC seeking decree for possession on the admissions made by defendant no. 1 in the written statement. It is pointed out at the very outset that two portions of the property were leased out vide identical lease deeds both dated 1. 6. 1979 to two sister concerns namely Straw Products Ltd. and defendant no. 1 of the instant suit. Both the suits were consolidated for trial.

( 2 ) SIMILAR application was also made in Civil Suit bearing no. 3381/1991 and was decided on 4. 8. 2000 by Hon ble Mr. Justice J. B. Goel whereby suit was decreed against Straw products Ltd. However, the instant application could not be decided as Hon ble Mr. Justice J. B. Goel retired by that time. Besides merits, it is on the premise of decision of the Hon ble Mr. Justice J. B. Goel moved in s. No. 3381/1991 that decree for possession is being sought in this suit also. Plaintiffs have brought out following admissions emanating from written submissions :-

I) There is admission on the part of defendant no. 1 of the execution of duly registered lease agreement which expired by efflux of time on 31. 5. 1989; (ii) Though the tenancy had expired by efflux o


















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