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2015 Supreme(Del) 427

JAYANT NATH
Kamal Mitra Chenoy – Appellant
Versus
M/s. Dunlop India Ltd. – Respondent


Advocate Appeared:
For the Plaintiffs:Sandeep Sethi, Sr. Adv. with Sandeep Aggarwal, Amitabh Chaturvedi, Ekta Sukharmani, Advocates
For the Defendants:Sudhir Nadrajog, Sr. Advocate, C. Mukund, Ashok Kumar Jain, Advocates.

JUDGMENT:-


IA No.9291/2013

1. This is an application filed under Order XII Rule 6 CPC to pass a decree in terms of the relief sought in the Plaint. As per the amended plaint the plaintiff has filed the present suit for eviction, possession, permanent injunction and damages/mesne profits for property bearing No.19 in Block No.171, Sunder Nagar, New Delhi.

2. It is the averment in the plaint that the suit property was let out to defendant No.1 company by virtue of a registered lease agreement dated 31.7.2009. The lease was for a fixed period of three years commencing 1.8.2009 and expiring on 31.07.2012. As per clause 4 of the lease agreement the property was to be used only for the purpose of residence of defendant No.2 who is stated to be an ex member of Lok Sabha from the Motihari Constituency of Bihar. The lease is silent about the post defendant No.2 occupies in defendant No.1 Company. Alongwith the lease agreement, a hire agreement dated 1.8.2009 between plaintiff No.2 and defendant No.1 was also executed which was co-terminus with the lease agreement. The defendant No.1 was obliged to pay a sum of Rs.1,60,000/- per month to the plaintiff No.1 as per the lease agreement and Rs.2,40



















































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