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2013 Supreme(Del) 1623

JAYANT NATH
SPARSH BUILDERS PVT. LTD. – Appellant
Versus
MAHARISHI AYURVEDA PRODUCTS PVT. LTD. – Respondent


Advocate Appeared:
Mr. Sanjay Jain, Sr. Advocate with Mr. Sunil Agarwal and Ms. Ruchi Jain and Mr. Noor Anand, Advs.
Mr. V.P. Singh, Sr. Adv. with Mr.M.L.Bhargava, Ms.Latika Kohli and Mr.Abhishek Swarup, Advocates

JUDGMENT

JAYANT NATH, J.

1. The present suit is filed seeking a decree of possession, recovery of damages and permanent injunction pertaining to property No. A-14, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi admeasuring 4617.67 sq. yards. It is the contention of the plaintiff in the plaint that the said suit property was purchased from the defendant on payment of full sale consideration of Rs. 4 crores accompanied by transfer of symbolic possession and execution of alleged transfer documents including registered agreement to sell (affixing stamp duty of Rs. 30 lacs), registered power of attorney, registered Will, registered indemnity bond, etc. on 30th December, 2004. It is further averred that at the time of sale, the defendant requested to the plaintiff that it would be willing to take the suit property on rent for a period of three years. The request of the defendant was acceded to and vide a separate lease agreement dated 30th December, 2004 w.e.f. 01.01.2005 was entered into between the plaintiff and the defendant. The monthly rent of Rs. 14,25,000/-was agreed upon. The defendant also deposited with the plaintiff a sum of Rs. 42,75,000/-as an interest free secu


















































































































































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