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1998 Supreme(Del) 317

D.K.JAIN
SHUKLA MALHOTRA – Appellant
Versus
VYASA BANK LIMITED – Respondent


Advocates Appeared:
M.S.DEVAN, SANJAY DUA

D. K. Jain, J.

( 1 ) IN plaintiffs suit for: (1) possession of their property, being Ist floor of the premises bearing no. E-34, Connaught Place, New Delhi, measuring 2230 Sq. ft. , let out to the defendant bank, vide unregistered agreement of lease dated 1 February 1980 at a rental of Rs. 10. 00 per Sq. ft, initially for a period of five years with option to the defendant bank for renewal/extension for a further period of five years on 20% enhancement in rent, extended in 1985 and 1990, but terminated by notice dated 9 January 1995, w. e. f. midnight of 31 January 1995, and (2) for mesne profits w. e. f. February 1995, the plaintiffs have filed this application under Order XII Rule 6, Civil Procedure Code for a decree for possession against the defendant, directing it to deliver vacant peaceful possession of the premises on the plea that the defendant, in its written statement, had admitted its possession as a tenant and the receipt of notice dated 9 January 1995, under section 111 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act), terminating the tenancy, entitling the plaintiffs to a decree for possession of the premises.

( 2 ) ADMITTING letting of the























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