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2001 Supreme(Del) 94

ARUN KUMAR, A.K.SIKRI
BRAHMANAND KEJRIWAL – Appellant
Versus
KUSHAL KISHORE AGGARWAL – Respondent


Advocates Appeared:
KANVAL NARAIN, SITESH MUKHERJI

K. SIKRI

( 1 ) THIS appeal is directed against the judgment and decree dated 7/3/2000 passed by learned Trial Court in Suit No. 239/93. By the impugned judgment and decree, learned Additional District Judge has decreed the suit of the plaintiff/ respondent herein for possession of suit premises being Property bearing No. 16, najafgarh Road, New Delhi situated in Najafgarh Industrial Area. Further decree is passed in favour of respondent directing the defendant/appellant herein to pay mesne profit and damages at the rate of Rs. 400. 00 per day from the date of termination of the licence till the date of filing of the suit and thereafter at the rate of Rs. 300. 00 per

( 2 ) RESPONDENT is admittedly the owner of the suit property. Licence Deed dated 1/4/1979 was executed between the parties which mentions that at the request of licensee (appellant), licensor (respondent) has agreed to grant the licence to use some portion (specifically shown in the attached plan) for running a Steel Rolling Mill. The boundary of the said portion had been marked in the plan. The consideration agreed upon was Rs. 30,000. 00 per six months as licence fee and certain other terms and conditions on which the













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