J.B.GOEL
LAKSHMIKANT SHRIKANT – Appellant
Versus
M. N. DASTUR AND COMPANY PRIVATE LIMITED – Respondent
( 1 ) IN this application under Order 12, Rule 6 of the Code of Civil Procedure (for short the Code ) the plaintiff seeks a decree for possession of the premises/property No. 2, Rajdoot Marg also known as 75/48, Chanakyapuri, New Delhi in a suit filed for recovery of possession of the premises, besides recovery of rent and mesne profits.
( 2 ) IT is alleged that the defendant had been a tenant of the plaintiff and in February, 1990 the rent was Rs. 8,000. 00 per month. The plaintiff had filed a suit for possession against the defendant where a compromise was arrived at and the rent was increased to Rs. 20,000. 00 per month with effect from 1. 1. 1991 for a period of six years and since then the defendant has been paying rent at this rate; but after expiry of six years, agreed period the defendant did not vacate the premises; and the tenancy of the defendant has been terminated by means of notice dated I. I 1997 but the defendant has not vacated the premises, hence the present suit.
( 3 ) THE defendant has filed written statement contesting the suit. It is not disputed that the plaintiff had let out the premises to the defendant. However, it is alleged that the premises w
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