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1998 Supreme(Del) 432

VIJENDER JAIN, VUENDER JAIN
ABDUL HAMID – Appellant
Versus
CHARANJIT LAL MEHRA – Respondent


Advocates Appeared:
ARUN BHARDWAJ, D.D.VERMA, MUKUL ROHTAGI, P.CHIDAMBARAM, R.K.AGARWAL, Singhvi, VIKAS DHAVAN, VIKASH DHAVAN, VIPIN SANGHI

Vijender Jain, J.

( 1 ) THE suit was filed by the plaintiffs against the defendants for possession, arrears of rent and mesne profits in respect of the ground floor of property bearing No. G-6, N. D. S. E. , Part-1, New Delhi. Issues had been framed in this matter and the matter was listed in the category of finals . Applicants/ plaintiffs filed an application under the provisions of Order 12, Rule 6 read with Section 151 of the Code of Civil Procedure (in short cpc ) stating, inter alia, that the defendants have relied upon the documents purporting to be a lease deed dated 2. 12. 1986, though, the plaintiffs have denied the execution or legal validity of said lease deed. In para-2 of the reply on Merit in the written statement, the defendants have also admitted that the rate of rent was Rs. 6,000. 00 per month. In the aforesaid lease deed dated 2. 12. 1986, Clause-2 thereof reads as under :

( 2 ) THAT the period of this lease has been fixed at 119 months beginning from 2. 12. 1986 and ending on 1. 11. 1996. As such, the present lease deed shall expire by efflux of time on 2. 11. 1996.

2. On the basis of this clause of the lease deed put up by the defendants, Mr. Mukul Rohtagi,

































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