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2001 Supreme(Del) 648

K.S.GUPTA
SUCHARITA PRADHAN – Appellant
Versus
U. P. TWIGA FIBREGLASS LIMITED – Respondent


Advocates Appeared:
ARUN MOHAN, BHASKAR TIVARI, N.K.KANTAWALA, SAMIR CHUG

( 1 ) I heard Sh. Arun Mohan for plaintiffs, sh. Bhaskar Tiwari for defendant No. 1 and Sh. N. K. Kantawala for defendants 2 and 3 on plaintiffs claim for decree of possession under Order XII Rule 6 Civil Procedure Code against defendant no. 1.

( 2 ) SUIT for possession and mesne profits @ Rs. 3 lakhs per month was filed alleging that Suraj Kumar nijhawan was owner of property No. 11, Southern Avenue, maharani Bagh, New Delhi and he let out the same for residential purpose to defendant No. 1 under a lease deed dated 1/08/1976 for a period of 3 years at a monthly rental of Rs. 4,000. 00. Period of tenancy came to an end on 31/07/1979 and lease for further term was not granted to defendant No. 1. Thereafter defendant No. 1 continued in possession of the property as a tenant from month to month. It is further alleged that Suraj Kumar nijhawah died on 11/11/1986 leaving behind wife (defendant No. 2), son (defendant No. 3) and 4 daughters plaintiffs 1 to 4. Each of them is the owner of property to the extent of 1/6th undivided share. It is pleaded that notice to quit dated 10/06/1991 was issued by defendants 2 and 3 to defendant No. 1 through counsel and reply thereto dated 2/07/1997 w















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