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2013 Supreme(Del) 1652

VIPIN SANGHI
SHASHI RANJAN GUPTA – Appellant
Versus
SPRAYLAC PAINTS CORPORATION – Respondent


Advocate Appeared:
Mr. Vijay K. Gupta, Mr. Mehul Gupta & Mr. Sandeep Kaushik, Advocates.
Mr. Sudhanshu Batra, Senior Advocate along with Ms. Kamlesh Mahajan, Advocate for defendant No.1. Mr. Peeyoosh Kalra, Advocate for defendant No.2.

JUDGMENT

VIPIN SANGHI, J.

1. The two plaintiffs, namely, Dr. Shashi Ranjan Gupta and Mr. Sunil Kumar Gupta, have filed the present suit to seek a declaration that defendant No. 1 – M/s Spraylac Paints Corporation – a partnership firm of four partners – who are named in the memo of parties (hereinafter referred to as “Spraylac”) has impliedly surrendered the lease in respect of premises bearing Municipal No. M-42, Connaught Circus, New Delhi, having an approximate area of 1000 sq. feet on the ground floor and a portion of mezzanine floor with unrestricted use of mezzanine and joint toilets and back door entrance with the other tenants of premises bearing No. M-43 [hereinafter referred to as the, “suit property”] more particularly shown and described in the site plan (Exhibit ‘PW1/1’). Alternatively, the plaintiffs have sought a decree for ejectment/recovery of possession against defendant Nos. 1 and 2 in respect of the suit property. The plaintiffs also seek a decree for recovery of money towards unpaid arrears of property tax dues amounting to Rs. 13,97,153/- as on 31.03.2009. A decree of mandatory injunction has also been sought to direct defendant No. 1 to pay to the plaintiffs, o
















































































































































































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