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2008 Supreme(Del) 1226

PRADEEP NANDRAJOG, J.R.MIDHA
TAMIL NADU HANDLOOM WEAVERS OOPERATIVE SOCIETY – Appellant
Versus
HARBANS LAL GUPTA – Respondent


Advocates appeared:
Mr. Pawan Mathur, Adv.
Mr. Anupam Srivastava, Adv.

JUDGEMNT

J.R. MIDHA, J.

1. M/s. Tamil Nadu Handloom Weavers Cooperative Society was a tenant under Mr. Harbans Lal Gupta in respect of basement, ground and mezzanine floor in property No.F-6, Kalkaji, New Delhi. M/s. Tamil Nadu Handloom Weavers Cooperative Society filed a suit for mandatory injunction and recovery of Rs.4,76,149.93 against Mr. Harbans Lal Gupta who filed a counter claim for Rs.5,74,000/-.

2. Claim in the suit by the society was that it had deposited Rs.12,62,000/- with Harbans Lal Gupta as security when agreement of lease was entered into in the year 1995 and that 50% of the security deposit was appropriated towards rent by adjusting Rs.10,000/- per month. That maintenance charges which were payable by it to Harbans Lal Gupta were also adjusted till March 1997. Stating that in all Rs.7,90,996/- were adjusted and thus Rs.4,71,004/- were refundable. It was pleaded that the society had removed all its goods and belongings from the tenanted premises save and except a few racks which were not permitted to be removed by Harbans Lal Gupta on 26.3.1997. It was asserted that the society had consumed electricity in sum of Rs.20,705.89 and water charges payable by i








































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