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2013 Supreme(Del) 173

A.K.PATHAK
EARTHTECH ENTERPRISES – Appellant
Versus
KULJIT SINGH BUTALIA – Respondent


Advocates:
Advocate Appeared:
Mr. Anil Ghera and Ms. Parvinder Khatra, Advs.
Mr. Daljit Singh, Sr. Adv. with Mr. Saurabh Shandilya, Adv.

JUDGMENT

A.K. PATHAK, J.

1. Vide judgment and decree dated 21st March, 2012 trial court has passed a decree of possession against the appellant-defendant, on an application under Order 12 Rule 6 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as “the Code”), which is under challenge in this appeal.

2. Case of the respondent, as emerges from the records, is that respondent was owner of property bearing no. 39, Sadhna Enclave, New Delhi. He leased out second floor of the said property (hereinafter referred to as the “suit property”) to appellant, a company registered under the Companies Act, 1956 with effect from 1st October, 2002 on a monthly rent of Rs.20,000/-. Subsequently, rent was increased to Rs.30,000/-with effect from 1st April, 2003 pursuant to a fresh lease deed. Thereafter, rent was again increased to Rs.35,000/-with effect from 31st October, 2006. Since the lease agreements were unregistered, tenancy was on month to month basis commencing from 1st day of each calendar month and ending on the last day of same month. Shri O.P. Aggarwal was controlling the appellant-company through dummy directors and it is he who was living in the suit property. Sh




















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