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1999 Supreme(Del) 833

MADAN B.LOKUR, USHA MEHRA
SURINDER KUMAR JHAMB – Appellant
Versus
OM PARKASH SHOKEEN – Respondent


Advocates Appeared:
A.BHATTACHARYA, GAURAV PURI, S.K.PURI, V.P.Singh

Usha Mehra, J.

( 1 ) THE appellant was inducted as a tenant by the respondents in suit property bearing No. 487/31, measuring. 2 bighas 10 biswas within Phirni (extended abadi) of Village Peera Garhi, Delhi. Each of the respondents herein (plaintiffs before the Trial court) is l/3rd share holder of the said property. Their respective shares in the property were let out to the appellant vide three separate lease deeds of the same date i. e. 15th October, 1979. The appellant was to pay separate monthly rent of Rs. 1,167. 00 to each of the respondent. The lease was for a period of five years with a right to the appellant to raise temporary structure over the plot in order to carry out his business activities. The appellant, as per the version of the respondents did raise temporary super structure on the plot. However, w. e. f. 15th October, 1983 the appellants failed to pay the monthly rent to the respondents, therefore, notices terminating the tenancy of the appellant were issued by respondents thereby terminating his tenancy from the mid nigh of 14th April, 1985. Beside terminating the tenancy vide said notice, arrears of rent was also demanded. After the expiry of the notice period
















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