Devinder Gupta, J.

( 1 ). This regular first appeal by the defendant arises out of judgment and decree passed on 6. 7. 1995 by Shri B. S. Mathur, Additional District Judge, Delhi decreeing the suit of the plaintiff-respondent for possession of premises known as 487/79, Peera Garhi, Delhi as shown in the site plan, Ext. Public Witness 1/1 and for recovery of Rs. 42,350. 00 as arrears of rent w. e. f. 1,8. 1992 to 30. 6. 1993 at the rate of Rs. 3,850. 00 per month, subject to adjustment of the rent, if any paid by defendant-appellant during the pendency of the suit or security paid, if any, and a decree for damages for unauthorised use and occupation from 1. 7. 1993 till delivery of possession at the rate of Rs. 20,000. 00 p. m.

( 2 ). The defendant was let out a portion of the suit premises by Shri Pritpal Singh, the father of the plaintiff at a rental of Rs. l,350. 00 p. m. through lease deed dated 30. 9. 1976. On additional portion being let out, the rent was enhanced to Rs. 2,800. 00 p. m. On the death of Pritpal Singh, the plaintiff became the owner of the property on the basis of Will dated 24. 2. 1981 executed in his favour by Pritpal Singh. It is the admitted case of the part

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