HIMA KOHLI
Hyundai Motor India Ltd. – Appellant
Versus
Opal Metal Engineering Pvt. Ltd. – Respondent
By this order the Court proposes to dispose of an application filed by the defendant under O. 7, R. 11, C. P. C., whereunder the defendant has sough rejection of the plaint on the ground that the plaintiff cannot file any proceedings seeking to hold the suit property after expiry of the lease period i.e. after 31-12-2006 and that as the lease agreement is an unregistered document, and is hit by the provisions of Section 35 of the Indian Stamp Act, 1899 (in short 'the Stamp Act'), the suit is barred by law.
2. In brief reference to the facts of the case is necessary before dealing with the present application. The plaintiff has instituted the present suit against the defendant praying inter alia for the following reliefs :-
"(a) for a permanent injunction restraining the defendant, its men or agents, and all other persons acting on its behalf from preventing and/or interfering with the plaintiffs peaceful enjoyment and possession of the suit schedule property situated at Plot No. H-4, Block B-1, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.
(b) For a declaration that the plaintiff cannot be evicted from the aforesaid suit schedule property except by the
Popat and Kotecha Property v. SBI Staff Association (2005) 7 SCC 510
Sopan Sukhdeo Sable and Ors. v. Asst. Charity Commissioner
Anthony v. K. C. Ittoop and Sons and Ors.
(I. T. C. Ltd. v. Debts Recovery Appellate Tribunal
Raptakos Brett and Co. Ltd. v. Yanesh Property
AIR 1946 Privy Council 51 and Smt. Jamna Bai v. Tulsi Ram
R. C. Bhupal Prasad v. State of A. P. (1995) 5 SCC 698 : (AIR 1996 SC 140)
Satish Chand Makhan and Ors. v. Govardhan Das Byas and Ors.
Roop Lal Sathi v. Nachhattar Singh Gill (1982) 3 SCC 487 : (AIR 1982 SC 1559)
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