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1999 Supreme(Del) 428

S.N.KAPUR
INDER MOTOR SERVICE – Appellant
Versus
HARYANA DAIRY DEVELOPMENT – Respondent


Advocates Appeared:
R.P.SHARMA, Rajinder Singh

S. N. Kapoor, J.

( 1 ) THIS order shall dispose of an application under Order 12 Rule 6 read with Section 151 CPC. In this case, the plaintiff claims that the defendant is tenant in the premises in suit on monthly rent of Rs. 5,926. 53. 00 under the lease agreement dated 9th April, 1988. Receipt of notice Ex. P-2 is also not disputed. The certificate Form-A of the Registrar of Firms has been filed. In view of the disputed documents, the entire case of the plaintiff stands admitted. A prayer for decree of possession of the suit property, could be separated from the prayer for mesne profits.

( 2 ) THE only dispute which has been raised by the learned counsel for the defendant is that initially the premises were let out in January, 1994 on monthly rent of Rs. 3,279. 00. The rent was enhanced from time to time under the garb of execution of fresh lease deed (Annexures 3, 4, 5 and 6 of the written statement) and thus, the rent enhanced periodically by Rs. 5,926. 53. 00. The lease deed dated 9th April, 1988 had been allegedly terminated by the notice dated 28th April, 1989. No notice was given under Section 6-A of the amended Delhi Rent Control Act, 1958. The rent of the premises legally







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