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1995 Supreme(Del) 799

A.D.SINGH, M.JAGANNADHA RAO
ABDUL HAMID – Appellant
Versus
CHARANJIT MEHRA – Respondent


Advocates Appeared:
A.S.GAMBHIR, D.D.VERMA, MUKUL ROHTAGI, S.P.SINGH

M. Jagannadha Rao, C. J.

( 1 ) THE appellants are plaintiffs in Suit No. 2000 of 1989. They have filed this appeal under clause 10 of the Letters Patent (Lahore) read with Section 10 of the Delhi High Court Act, 1966. The appeal has been preferred against an order in IA No. 2840/93 allowing a second amendment of the written statement filed by the respondents.

( 2 ). The respondents, eight in number, were in possession of a shop in South Extension Part I, New Delhi under a lease dated 2. 12. 1986. The rent was Rs. 6000. 00 per month. After the Delhi Rent Control Act was amended in December,1988 exempting buildings with rent above Rs. 3500. 00 p. m. from the purview of the Rent Control Act, the premises in question came out of the purview of that Act. Then the appellants issued notice on 29. 5. 89 under Section 106, Transfer of Property Act, and filed the present suit for possession in 1989. In the original written statement, the respondents accepted that eight of them were in possession under a single lease dated 2. 12. 1986 but claimed that the lease was a perpetual lease. They also stated that defendants 2 and 6 relinquished their rights in the tenancy in favour of the other defen



























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