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2008 Supreme(Del) 1141

HIMA KOHLI
IN THE MATTER OF : M/S PARSVNATH DEVELOPERS LTD – Appellant
Versus
GHANSHYAM DAS AGRAWAL – Respondent


Advocates Appeared:
Mr. H.C. Sukhija, Adv.
Mr. Pramod Kr. Dubey with Mr. Kunal Sharma, Advs.

HIMA KOHLI, J. (O R A L )

1. The present application is filed on behalf of the defendants praying inter alia for amendment of the written statement by incorporating the paras as indicated in paras 7 and 8 of the application.

2. Counsel for the defendants submits that the present suit instituted by the plaintiff for specific performance of an agreement of lease and for declaration, pertains to flat bearing Flat No.614, 6th Floor, Arunachal Building, 19, Barakhamba Road, New Delhi, of which the defendants are the landlords. He submits that the suit is based on an unregistered lease deed dated 24.4.2003 and the plaintiff was a tenant on a month to month basis in the suit property. The defendants, vide legal notice dated 10.1.2008 terminated the tenancy of the plaintiff in respect of the suit property and instituted a suit in the District Court for possession, mesne profit, damages, etc., i.e., Civil Suit No.54/2008 entitled Mr. Ghanshyam Das Agarwal and Anr. vs. M/s Parsvnath Developers Ltd., which is pending disposal. He further submits that the aforesaid events are subsequent to the filing of the written statement in the present proceeding and are sought to be brought on the record










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