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1999 Supreme(Del) 262

M.K.SHARMA
RAJ GOPAL (HUF) – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared:
A.K.NIGAM, MOHINDER SINGH

M. K. Sharma, J.

( 1 ) THE present suit was instituted by the plaintiffs against the defendant for recovery of possession of the suit property being No. 22/90, Connaught Circus, New Delhi, and also for recovery of mesne profits/damages for use and occupation and for recovery of arrears. It is stated in the plaint that the plaintiffs are the owners of the entire mezzanine floor and the entire ground floor of suit property No. 22/90, Connaught Circus, New Delhi and the plaintiff is acting through its Karta Shri Raj Gopal. The defendant bank is a tenant to the extent of 1544. 01 Sq. Ft. on the Mezzanine floor and to the extent of 1623. 07 Sq. Ft. on the ground floor, thus making a total of 3167. 08 Sq. Ft. of the said suit property. The said property was let out to the defendant bank in the month of February 1981 on a monthly rent of Rs. 23,878. 40 in terms of the communication of the defendant bank dated 15/5/1979 read with the letter dated 11/5/1981 for a period of 5 years. A lease deed was required to be executed between the parties. But it is an admitted position that no lease deed was either executed or registered between the plaintiff and the defendant bank. On 27/4/1991 a meeti










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