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2001 Supreme(Del) 1769

V.S.AGGARWAL
SAVITRI DEVI – Appellant
Versus
FASHION LINKERS – Respondent


Advocates Appeared:
S.N.Gupta, S.P.PANDEY

( 51 ) ). Issue Nos. 10 and 12: It has already been held above that defendants are not tenants in the property and that Rs. 5,100. 00 per month was the licence fee agreed. It has already been recorded also that the plaintiff is only entitled to recover the licence fee at the above said rate for the period three years before filing the suit. Therefore, the plaintiff would be entitled to recover only Rs. 5100 x 12 x 36 = Rs. 1,83,600. 00. The issue is decided accordingly.

( 52 ) ). Issue No. 13: As regards the payment of interest keeping in view the nature of disputes raised when payment has not been made, the plaintiff must be held entitled to interest at the rate of 12% p. a. from the date of the filing on the principal amount held above. For this period if any amount has already been deposited by the defendants he will take adjustment and interest would be payable only on the balance amount.

( 53 ) ). For these reasons given above the suit of the plaintiff is decreed for possession of the property in question. It is also decreed for a sum of Rs. 1,83,600. 00with costs. The interest would be payable at the rate of 12% p. a. on the principal amount till final payment is made, from t





























































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