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2011 Supreme(Del) 252

VALMIKI J.MEHTA
Jeevan Diesels and Electricals Ltd. – Appellant
Versus
Jasbir Singh Chadha (HUF) – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Shiv K. Suri and Danish Hasanian, Advs.
For Respondents/Defendant: Deo Prakash Sharma and Umesh Gupta, Advs.

JUDGMENT

Valmiki J. Mehta, J.

Caveat No. 259/2011 in RFA No. 179/2011 Counsel for the caveator appears and thus the caveat stands discharged.

C.M. Nos. 6161/2011 and 6162/2011(Exemption) in RFA No. 179/2011 Exemption allowed subject to just exceptions.

Application stands disposed of.

RFA No. 179/2011

1. The challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 14.12.2010 which has decreed the suit of the Respondents/Plaintiffs for possession of the suit premises against the Appellant who was a tenant. The facts of the case are that the premises being flat No. 205 (2nd floor), Arunachal Building, 19, Barakambha Road, New Delhi, was let out to the Appellant/Defendant vide an unregistered lease deed dated 7.7.2003 at a monthly rent of Rs. 23,200/- for a period of three years from 7.7.2003. The tenancy of the Appellant/Defendant was terminated vide notice dated 15.7.2006 and whereafter the suit was filed on 24.7.2007 for possession of the suit premises and for mesne profits.

2. This case has a slightly chequered history inasmuch as earlier the suit for possession was decreed under Order 12 Rule















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