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1996 Supreme(Del) 431

J.K.MEHRA
SHRUTI ENTERPRISES – Appellant
Versus
DAYA NAND – Respondent


J. K. Mehra, J.

( 1 ) THIS is a revision petition filed by the. tenant M/s Shruti Enterprises against the order of first appellate Court of Shri Raghuvir Singh, Senior Civil Judge. In brief, the case of the petitioner is that the tenanted premises situated at 9a, Hauz Khas, New Delhi have been let out to the petitioner firm vide lease deed dated 1st February 1991 for the commercial purposes including that of using the demised premises as a restaurant or for any other allied purposes. Some. of the relevant clauses which were referred to by the partics in the present case read as under:

" (I) THE LESSEE HEREBY agrees with the Lessor as follows:- (a ). . . . . . . . . (b ). . . . . . . . . (c ). . . . . . . . . (d) At all times during the said term to use and occupy the demised properly for commercial purposes and not to carry on or permit to be carried on any olteneive or prohibited trade or business in the said premises. (e ). . . . . . . . . (f) The lessee undertake to affect repairs, white washing every year and distempering of the leased premises, polishing of the wood work, painting etc. at the leased premises, after every alternate year. (g) The lessee shall be entitled to suble










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