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2001 Supreme(Del) 63

ARUN KUMAR, A.K.SIKRI
MANI MANN – Appellant
Versus
RAM DULARI (DEED. ), THR. LEGAL REPRESENTATIVE – Respondent


Advocates Appeared:
A.S.CHANDHIOK, ARUN MOHAN, Atul Bhuchar, B.B.GUPTA, B.Dipak, CHITRA MARKANDEYA, DIPAK GUPTA

A. K. SIKRI

( 1 ) THIS first appeal is filed by the tenant against the judgment and decree dated 30/04/1999 passed by Additional District Judge, Delhi whereby decree for possession has been passed against him under Order XII Rule 6 of the Code of Civil Procedure. The Suit premises, being the ground floor of property no. 76, Sunder Nagar, New Delhi, were let out by the respondent-plaintiff to the appellant- defendant by a Lease Deed dated 21/05/1977. Rent was fixed at the time was Rs. 2000. 00 per month which was increased from time to time. At the time when quit notice was served under Section 106 of the Transfer of Property Act (hereinafter referred to as the Act, for short) the Suit for possession was filed by the respondent herein, rent of the premises was Rs. 10,000. 00 per month. The period of Lease Deed dated 21/05/1977 had expired since long. No fresh lease deed had been executed. Respondent served notice dated 7/11/1997 under Section 106 of the Act terminating the tenancy which, according to the respondent had become month to month tenancy. By the said Notice, tenancy was terminated w. e. f. 30/11/1997 and appellant was asked to vacate the premises. It was also mentioned in
























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