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1999 Supreme(Del) 115

S.K.MAHAJAN
NARINDER KUMAR SONI – Appellant
Versus
SUN SHINE ROADWAYS – Respondent


Advocates Appeared:
P.K.JAIN, P.K.RAVAL

S. K. MAHAJAN, J. (ORAL)

( 1 ) PLAINTIFF filed this suit for possession and recovery of mesne profit anddamages on the allegations that commencing from 1/04/1994 the premisescomprising of shop No. 3 left wing, ground floor of property No. 10/60-P, Kirtinagar Industrial Area, New Delhi, measuring 750 sq. ft. , was let to the defendanton a rent of Rs. 4,080. 00 p. m. The premises was let for a period of two years w. e. f. 1/04/1994 and on the expiry of the lease when the tenant did not vacate thesame, the plaintiff served three notices dated 6/04/1996: 16th April, 1996 and25 25/09/1996 terminating the tenancy of the premises, though, accordingto the plaintiff, on the expiry of the lease on 31/03/1996 no notice wasrequired to be served for termination of lease. After the termination of lease, theplaintiff filed this suit for possession as well as for damages/mesne profits from 1/04/1996 to 31/12/1996 at the rate of Rs. 12. 000. 00 per month. In theplaint, the plaintiff besides claiming a sum of Rs. 1,08,000. 00 as the mesne profitshas also claimed possession. In paragraph 8 of the plaint while valuing the suit forpurposes of Court fee and jurisdiction, the plaintiff has stated as under










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