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1997 Supreme(Del) 833

ARUN B.SAHARYA
UCO BANK – Appellant
Versus
AMAR NATH JINDAL – Respondent


Advocates Appeared:
ANAND YADAV, RAMESH CHANDRA, S.R.KHANDELWAL

S. N. Kapoor, J.

( 1 ) THIS is a regular first appeal against judgment and decree dated 31/7/1996, decreeing the suit for recovery of possession, mesne profits amounting to Rs. 18,700. 00 upto 17/1/1994, alongwith pendente lite and future mesne profits at the rate of Rs. 6,865. 00 per month and interest @ 15% per annum.

( 2 ) PLAINTIFF/respondent Amar Nath Jindal is the owner and landlord of property known as Jindal House bearing No. 270/2-3, Shri Asha Ram Road, G. T. Road, Shahdara, Delhi. He had let out the ground floor and mezzanine floor of the aforesaid property for a period of five years w. e. f. 1/1/1989 to 31/12/1993 at a rent of Rs. 6,865. 00 per month inclusive of all rates and taxes. This lease deed dated 8/11/1989 Ex. Public Witness 2/d-15 was duly executed and registered. This lease deed also provided for a renewal clause. Since the defendant did not get the lease renewed by giving one month s notice, before expiration of the term of the least on 31/12/1993, the tenancy of the defendant came to an end on 31/12/1993 by efflux of time. The plaintiff-respondent, however, received a letter dated 5/1/1994 mentioning about an earlier letter dated 6/12/1993 seeking extension.
































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