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2010 Supreme(Del) 610

INDERMEET KAUR
UDHAM SINGH JAIN CHARITABLE TRUST THROUGH SH. S. R. JAIN – Appellant
Versus
ATMA RAM BUILDERS PVT. LTD. – Respondent


Advocates appeared:
Mr.G.L.Rawal, Sr. Advocate with Mr. Kuljeet Rawal, Advocate.
r.Amit Sethi, Mr.Mukesh Ranjan and Mr.Deepak Vidyarthi, Advocates.

JUDGMENT

INDERMEET KAUR, J.

1. This appeal has impugned the judgment and decree dated 6.12.2006 which had endorsed the finding in the judgment and decree dated 24.4.2004 passed by the Civil Judge in Suit No.40/2003.

2. The factual matrix of the case is as follows:

(i) Plaintiff Atma Ram Builders Pvt. Ltd. is a company duly incorporated under the Indian Companies Act 1956. Shri C.M. Chadha was the principal officer and director of the company.

(ii) The plaintiff is the owner of the entire first floor of the premises bearing no.D-18, D-19 and D-20, situated at D-Block, Connaught Place, New Delhi. The erstwhile owner was M/s Prakash Brothers. Plaintiff had purchased this property vide sale deed dated 19.9.1986 Ex.PW-5/1.

(iii) The premises had been let out by the erstwhile owner to the defendant no.1 vide registered lease deed dated 31.12.1982 Ex.PW-3/1 for a period of ten years commencing w.e.f. 1.11.1982 up to 31.10.1992.

(iv) Vide notice dated 5.10.1992 Ex.PW-3/1, the plaintiff requested the defendant to vacate the suit property by 31.10.1992 as the lease had expired by efflux of time, but to no avail. Present suit was filed seeking a decree of possession.

(v) Defe
































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