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2000 Supreme(Del) 315

DEVENDER GUPTA, S.K.AGARWAL
SURENDER BALA – Appellant
Versus
SANDEEP FOAM INDUSTRIES PRIVATE LIMITED – Respondent


Advocates Appeared:
K.C.Nanda, L.R.GUPTA, VIKAS DHAVAN

S. K. Agarwal

( 1 ) THIS appeal is directed against judgment and decree dated 27th March, 1999 passed by the Court of Mrs. Manju Goel, Additional District Judge, Delhi dismissing the appellant/plaintiff s suit for possession and damages against the respondent/defendant holding that the service of notice terminating the tenancy was not proved.

( 2 ) FACTS giving rise to this appeal briefly are: that appellants filed a suit against the respondent for recovery of possession of the premises No. C-772, New Friends Colony, New Delhi (hereinafter REFERRED TO to as suit premises) alongwith its fittings and fixtures and for recovery of damages, alleging therein that plaintiff No. 1 as the owner of the suit premises and plaintiff No. 2 as the owner of the fittings and fixtures provided therein and they had, by two agreements dated 10th August, 1993, leased out the ground floor of the suit premises for residential purposes on a monthly rent of Rs. 8,000. 00 and fittings and fixtures attached in the suit premises on a. monthly rent of Rs. 4,000. 00 for a period of three years; the agreements provided that the lease would stand automatically terminated on 9th August, 1996 and shall not be extend


















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