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2014 Supreme(Del) 1870

NAJMI WAZIRI
Sudhir Sabharwal – Appellant
Versus
Rajesh Pruthi – Respondent


Advocate Appeared:
For the Petitioners:Rajat Aneja with Ms. Rashmi Verma, Advocates.
For the Respondents:B.M. Bharti, Advocate.

Judgment :

NajmiWaziri, J.

1. This petition impugns an order dated 10.9.2013 whereby the petitioner/plaintiff’s application under Order 12 Rule 6 read with Section 151 of Code of Civil Procedure was rejected. The petitioner had filed a suit seeking decree of possession in their favour against the respondent in respect of the premises in dispute. The application sought decree on the basis of admissions made by the respondent/defendant in his written statement. The petitioner/plaintiff is a landlord of property No.G-27/4, Rajouri Garden, New Delhi. Its ground floor comprising two bed rooms with attached bathroom, kitchen, drawing room and portion of the first floor comprising the drying room, one small room and one bathroom were le out to the defendant at the rate of Rs.25,000/- per month excluding water and all other charges. The tenancy was for a period of 22 months, and rent agreement was executed before the sub-Registrar on 2.4.2009. As per the terms of the agreement, the rent was to be enhanced by 10% after expiry of 11 months, therefore the last rent paid was Rs.27,500/- excluding all other charges. After the expiry of tenure of the lease, it was extended for a further period of















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