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1999 Supreme(Del) 1016

VIKRAMAJIT SEN
DINAR BUILDERS PRIVATE LIMITED – Appellant
Versus
KHODAY DISTILERIES LIMITED – Respondent


Advocates Appeared:
A.K.SUDHARKAR RAO, Arun Francis, Harish Malhotra

Vikramajit Sen, J.

( 1 ) THIS is a suit for possession of the Basement of B-2/1, B-2/2 and B-2/3, (measuring 1555 sq. ft.) of Deenar Bhawan, 44, Nehru Place, New Delhi together with mesne profits from 1. 7. 92 and recovery of maintenance and other charges. It has been averred in the Plaint, that the monthly rent was Rs. 5441. 00 (Rs. Five thousand four hundred forty one only) which was liable to be increased by 15 per cent after the expiry of three years in the event of the lease being renewed; that renewals did take place from time to time culminating in the rent last paid being Rs. 8274. 00 (Rs. Eight thousand two hundred Seventy four only) per mensem. Service charges were payable by the Defendant @ 40 paise per sq. ft. with effect from 1. 12. 1991, apart from electricity consumption and difference in House Tax. The Defendant is alleged to have stopped paying rentals form November 1991 onwards. As a sequel, the lease was terminated through a notice dated 15. 5. 1992 issued by registered Post, calling upon the Defendant to hand over possession of these premises on the midnight of 30. 6. 1992.

( 2 ) ANOTHER notice dated 26. 11. 1992, for handing over possession of the premises and










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