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2012 Supreme(Del) 532

G.S.SISTANI
Jatinder Nath Gupta – Appellant
Versus
STC Of India – Respondent


Advocates Appeared:
For the Plaintiffs :P1 - R.P. Sharma & Ms. Parul Sharma, P2 - Sandeep Narain & Ms. Anju Lal, P3 - Ashok Jain & Pankaj Jain, Advocates.
For the Defendants:Rakesh Tiku, Sr. with Ms.Manjusha Wadhwa Amit Panigrahi, Advocates.

Judgment

G.S.SISTANI, J.

IA.No.16402/2009

1. This an application under Order 12 Rule 6 CPC filed by the plaintiff. The necessary facts to be noticed for disposal of this application are that initially six plaintiffs had instituted the present suit for possession, recovery of arrears of rent and damages. The plaintiffs claim themselves to be the owners of the property bearing No.22 Rajpura Road, Civil Lines, New Delhi, which was purchased by them by means of a perpetual lease deed dated 31.05.1973. The defendant was a tenant before the property was purchased by the plaintiffs. The last paid rent was Rs.10,995/-. After purchase of the suit property vide letter dated 12.09.1973 the plaintiffs informed the defendant that rent of the property be paid to plaintiff no.1, who had the authority on behalf of the other plaintiffs to accept the rent. The defendant has been paying rent prior to termination of the lease in favour of the plaintiffs. The plaintiffs also brought it to the notice of the defendants that some unauthorized constructions have been carried out by them, despite the objections being raised by plaintiffs. By a legal notice dated 01.04.1991 sent by registered AD post and also

















































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