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2015 Supreme(Del) 2202

PRADEEP NANDRAJOG, MUKTA GUPTA
SPREADHEAD DIGITAL STUDIO PVT LTD. – Appellant
Versus
H. K. MITROO – Respondent


Advocates Appeared:
Mr. Samrat K.Nigam, Ms. Ayshwarya Chandar and Ms. Ankita M.Bahl, Advocates
Mr. P.S. Bindra and Ms. Shweta Priyadarshini, Advocates

JUDGMENT :

MUKTA GUPTA, J.

1. Suit for specific performance of the oral agreement pursuant to the lease agreement dated April 01, 2000 and injunction was filed by M/s. Spearhead Digital Studio Pvt. Ltd. (in short Spearhead) a private limited company against the respondent H.K.Mitroo. Spearhead pleaded that it was running its business from C-161, Okhla Industrial Phase I, which consisted of basement, ground floor, first floor and second floor (in short the suit property) pursuant to a lease agreement dated April 01, 2000 having been inducted by the defendant/respondent. The lease was for a period of 11 months only and it expired on March 31, 2001. However, by virtue of oral agreement to sell Spearhead continued to retain possession and paid a sum of Rs.10,000/- per month as rent and Rs.50,000/- per month as part consideration towards the oral agreement to sell. The said oral agreement to sell was pursuant to the inclination of the respondent to sell off the premises for a sale consideration of Rs.60 lakhs, however since Spearhead was not in a position to arrange the amount in one go, an arrangement was worked out wherein the respondent was to be paid Rs.50,000/- towards part sale co










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