B.N.KIRPAL
INDUSTRIAL AND MINING EQUIPMENT COMPANY PRIVATE LIMITED – Appellant
Versus
N. L. KANODIA – Respondent
( 1 ) THIS is a revision petition against, the order of the Additional District Judge- Delhi dismissing the suit of the petitioner filed under S. 6 of the Specific Relief Act.
( 2 ) BRIEFLY stated the case of the petitioner was that it was in possession of the premises situate at 2nd floor of House No. 4/ 2. Roop Nagar. Delhi. The monthly rent was stated to be Rs. 300 - According to the petitioner, the respondent-landlords had earlier taken proceedings to evict the tenant but without success. The case of the petitioner was that some time between 4th and 26th Feb. 1978. in the absence of the employees, agents and officers of the petitioner-company, the respondents broke open the locks and took illegal and forcible possession of the tenanted premises. A complaint was lodged with the Police on 26th Feb. . 1978. The prayer of the petitioner was that the respondents had dispossessed the petitioner without its consent and a decree for possession of the entire second floor premises of the said house should be passed in favour of the petitioner.
( 3 ) THE defence of the respondents was that the petitioner voluntarily had handed over vacant possession of the premises in question
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