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2009 Supreme(Del) 1169

S.RAVINDRA BHAT
DEEPAK KR. ARYA – Appellant
Versus
JATINDER GUPTA – Respondent


Advocates appeared
Mr. Vijay Kishan with Mr. Vikram Jaitley, Advocates.
Mr. Manish Kohli, Mr. Sanjeev Kumar Baliyan and Mr. Manjeet Pathak, Advocates.

Judgment

Hon’ble Mr. Justice S.RAVINDRA BHAT

1.The plaintiff seeks decree of possession in respect of first floor premises of C-545

Defence Colony (hereafter “the suit property”) with damages and mesne profits.

2. According to the suit averments, the plaintiff acquired ownership of the suit property, through a registered Sale Deed dated 19-07-2002, executed by its then owner, Ms. Bhanu Sangwan. The plaintiff contends that the defendant is a tenant in respect of the suit property consisting of two bedrooms two bathrooms detection and common front terrace. The monthly rent reserved was Rs.11,000/-besides other charges; the premises were let out to him through a Rent Deed dated 11-11-2001, for a period of 11 months, executed between him and Ms. Bhanu Sangwan. It is contended that after the execution of the sale deed in the plaintiffs favour, Ms. Bhanu Sangwan, on 29-7-2002 informed the defendant about the fact and requested him to attorn the tenancy in favour of the plaintiff and also called upon him to pay arrears of rent with effect from December 2001, (to the plaintiff).

3. It is contended that the tenancy was created for only 11 months, ending on 10-0-2002. The plaintiff states tha























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