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1996 Supreme(Del) 288

S.D.PANDIT
S. L. ASSOCIATES PRIVATE LIMITED – Appellant
Versus
KARNATAKA HANDLOOM DEV – Respondent


S. D. Pandit

( 1 ) THIS is anapplication filed by the plaintiff M/s. S. L. Associate Pvt. Ltd. under Order 12 Rule 6 CPC.

( 2 ) SUIT No. 3835/90 is filed by applicant plaintiff to get a decree of eviction and future mean profits. Plaintiff has come before the Court with a case that defendant Kamataka Handloom Development Corporation Ltd. came in possession of their premises described in para I of the plaint as per the terms of the lease agreement dated 7. 11. 86. After taking the possession of the premises on 8. 11. 86 they failed to vacate the possession of the same after the efflux of time covered by the said agreertnent. As per the said agreement, they were to vacate the premises on 31. 10. 89. No doubt, the agreement deed contain a clause that by mutual agreement between both the parties the period of lease could be extended further for period of three years bygiving rise in the rent by 10 per cent but the defendant had never moved for extending the said lease beyond three years and the managing director of the plaintiff-company had served a notice on them on 17. 10. 89 asking them to vacate the premises on 31. 10. 89. Thereafter two notices were served respectively on 11. 1. 90



















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