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2009 Supreme(Del) 687

REKHA SHARMA
NB SINGH (HUF) – Appellant
Versus
PERFEXA SOLUTIONS PVT. LTD – Respondent


Advocates Appeared:
Mr. Rajiv Nayyar, Senior Advocate with Mr. P.C.Sen & Mr. Rohit, Advocates
Mr. Keshav Dayal, Senior Advocate with Mr. Pramod Kumar, Advocate

REKHA SHARMA, J.

These are two applications, one filed by the plaintiff under Order 12 Rule 6 of the Code of Civil Procedure (hereinafter referred to as the “Code”) for a decree of possession on the basis of alleged admissions made by the defendant in the written statement, and the other by thedefendant under Order 7 Rule 11 of the Code for rejection of the plaint on the ground that the suit property is an agricultural land and that acivil suit in respect of such property is barred under Section 185 of the Delhi Land Reforms Act, 1954.

The facts relevant for the disposal of the two applications are as under:-

The plaintiff is theowner of land measuring 3.1 acres at No.1, Kapashera Estate, New Delhi (Farm House) with constructions thereon,consisting of a dwelling unit on the ground and first floor, a swimming pool and other amenities, such as, lawns, servant quarters, flower andvegetable plantation etc. The aforementioned farm-house was leased out by the plaintiff to the defendant-company for the residence of itsManaging Director for a period of two years at a monthly rental ofRs.1,60,000/- (excluding electricity and water charges) vide Lease Agreement dated September 10, 2004. The l



























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