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1992 Supreme(Del) 396

S.C.JAIN
RADHA LAL – Appellant
Versus
JESSOP AND COMPANY – Respondent


S. C. Jain

( 1 ) IN this suit filed by Smt. Radha Lal for possession and mesne profits regarding property No. 8, Golf Links against M/s. Jessop and Co. defendant herein, an application being I. A. 1583/92 was filed by the plaintiff under Order 12 Rule, 6, r. w. 151 Civil Procedure Code with the request that a decree for possession may be passed in view of the admission made by the defendant in the W/s.

( 2 ) THE facts giving rise to this suit are that ground floor of 8, Golf Links was let out to the defendant company on or about 1. 5. 1969 by the husband of the plaintiff on a monthly rent of Rs. 3000. 00 which was increased to Rs. 7000. 00 w. e f. January, 1984. After the death of the original owner/landlord the plaintiff started receiving the rent of these, premises. After amendment of the Delhi Rent Control Act, 1958 by the Amendment Act of 1988, as per S. 3c of the Act, the provisions of the Delhi Rent Control Act were not made applicable to those premises, whether residential or not, if the monthly rent exceeded Rs. 3500. 00. On the basis of this amendment, suit has been filed for possession.

( 3 ) THE defendant contested the suit by filing W/s pleading, inter alia, that the sui





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