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2006 Supreme(Del) 1835

S.L.BHAYANA, T.S.THAKUR
UCO BANK – Appellant
Versus
VYAS AQUA PRODUCTS PVT. LTD. – Respondent


Advocates Appeared:
Hemant Malhotra, Rajesh Rattan


T. S. THAKUR, J, J.


( 1 ) IN this Regular First Appeal, the appellant calls in question the correctness of a judgment and decree dated 2nd May, 2005 passed by the additional District Judge, Delhi whereby the suit filed by the plaintiff-respondent for arrears of rent and compensation for unauthorized use and occupation has been decreed with costs @ Rs. 50,000/- per month as against Rs. 1 lakh per month claimed in the suit.

( 2 ) THE defendant-appellant herein was in occupation of a premises comprising the basement and ground floor of property No. 8357/2 (new), Model basti, Filmistan Cinema, Shiddipura, Delhi in terms of a registered lease deed dated 8th April, 1971. The tenancy was extended for a period of 15 years w. e. f. 7. 5. 1981 on a monthly rental of Rs. 9,000/- for the first five years, Rs. 10,800/-for the next five years and Rs. 12,960/- for the remaining period of five years. Since, according to the plaintiff, who had acquired the property from the erstwhile landlord, there was no further extension of the lease in favour of the defendant-appellant, its tenancy was terminated in terms of a notice dated 26th april, 1996. A suit for possession of the demised premises and for

























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