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2015 Supreme(Del) 549

J.R.MIDHA
Pradeep Khanna – Appellant
Versus
Renu Khetarpal – Respondent


Appearing Advocates:
For the Appellant: Vasudha Khanna, (Daughter of the appellant with appellant in person).
For the Respondent:Nitin Gupta, Chandra Nand Jha, Advocates.

Judgment :-

1. The appellant has challenged the decree for possession of flat bearing No.123, First Floor, Vasundhra Apartments, Sector 9, Rohini, Delhi (hereinafter referred to as the “suit property”) passed by the learned Trial Court against the appellant under Order XII Rule 6 of the Code of Civil Procedure.

2. Vide registered rent agreement dated 26th September, 2007, the respondent let out the suit property to the appellant for a period of two years w.e.f. 1st October, 2007 to 30th September, 2009 at a monthly rent of Rs.8,500/-. The parties executed a separate agreement dated 26th September, 2007 whereby the appellant agreed to pay user charges of Rs.10,000/- per month for the fittings and fixtures. Clause 7 of the second agreement records that both the agreements shall run simultaneously and in case of termination of either one, the other shall automatically stand terminated.

3. Vide notice dated 26th October, 2013, the respondent notified the appellant that after the expiry of the two years’ period of lease under the lease agreement dated 26th September, 2007, the lease was orally renewed on month to month basis upon increase of rent and the last paid rent and hire charges fo














































































































































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