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2014 Supreme(Del) 2817

G.P.MITTAL
Kamal Mitra Chenoy & Anr. – Appellant
Versus
Dunlop India Ltd. & Anr. – Respondent


Advocates Appeared:
For the Plaintiffs :Mr. Amitabh Chaturvedi and Mr. A.S. Rohtagi, Advocates.
For the Defendants :Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Tara Vitasta Ganju, Ms. Preeti Gupta, Advocate & Ms. Tanya Singh, Advocates.

G.P. Mittal, J.:--

IA No. 1072/2013 (under Order 1 Rule 10 CPC)

IA No. 4904/2013 (under Order 7 Rule 11 CPC) and

IA No. 891/2014 (under Order 6 Rule 17 CPC in CS (OS) 3391/2012)

1. Plaintiff No. 1 (Dr. Kamal Mitra Chenoy) is husband and Plaintiff No. 2 (Dr. Anuradha Mitra Chenoy) is the wife. A suit for eviction/possession and permanent injunction was filed by the Plaintiffs against the Defendants with the allegations that Property No. 19, Block No. 171, Sunder Nagar, New Delhi, as described in Para 1 of the plaint was let out by Plaintiffs to Defendant No. 1 (M/s. Dunlop India Limited) through its authorised signatory Mr. R.K. Kapoor for the residence of Defendant No. 2 (Dr. A.P. Singh) and his family members vide a registered Lease Deed for a period of three years with effect from 01.08.2009. If the lessee was desirous of renewal of the lease, he was required to request the lessor in writing at least three months in advance before expiry of the term of the lease. Unless specifically agreed in writing by the lessor (Plaintiff No. 1), the lease was not to be renewed automatically on the expiry of the lease period. Similarly, by a Hire Agreement dated 01.08.2009, the fittings and fixtur

































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