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1973 Supreme(Del) 282

R.N.AGGARWAL
FEROZA BEGAM – Appellant
Versus
DEWAN DAULAT RAI KAPOOR – Respondent


Advocates Appeared:
ARUN MOHAN, M.Ahmed, S.C.Malik Sayeed Uddin

R. N. AGGARWAL

( 1 ) THIS order will dispose of I. As. Nos. 846, 847. 977 and 1022 of 1 973 under Order 6, Rule 17 of the Code of Civil Procedure in Civil Original Suit No. 702 of 1967.

( 2 ) TO appreciate the reliefs claimed in the applications it will be necessary to refer in some detail to the facts leading to the filing of the suit. According to the averments made in the plaint, Haji Mohd. Yousuf, plaintiff No. 3 (since dead and now represented by his legal representatives) was the sole and absolute owner of the property described as Municipal No. XI/6147 (old) 4736/a-5 (new) and known as Kothi No. 23 situate at Ansari Road, Daryagani. Delhi. Bv a registered lease deed dated October 2, 1945. Haji Mohd. Yousuf leased out a portion (shown in red in the plan annexed to the lease deed) of the property in dispute to Radha Kishan Kapoor (father of defendants 1 and 2. grandfather of defendants Nos. 3, 4, 6 and 7 and father-in-law of defendant No. 5) at a rental of Rs. 600. 00 per month. He also permitted the tenant to use the portion shown in preen in the plan. The lease was for a period of one year with a condition that it could be extended bv another six months. As provided in the le





















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