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2015 Supreme(Del) 1224

PRADEEP NANDRAJOG, MUKTA GUPTA
COTTAGE INDUSTRIES EXPOSITION LTD – Appellant
Versus
SUBHASH CHANDER – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Rakesh Tiku, Sr.Advocate instructed by Ms.Suruchi Mittal, Advocate
For the Respondents:Mr.Ravi Gupta, Sr.Advocate instructed by Mr.Asheesh Jain, Advocate

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. Allowing IA No.19681/2014 filed under Order XII Rule 6 of the Code of Civil Procedure filed by the respondent suit filed by the respondent against the appellant for possession of property bearing Municipal No.C-2/9, Safdarjung Development Area, New Delhi has been decreed. It is apparent that the decree has been passed on an admission by the appellant found by the learned Single Judge.

2. Case pleaded by the respondent was that it was the perpetual lessee under a perpetual lease deed executed in its favour by the Delhi Development Authority of a plot of land bearing Municipal No.C-2/9, Safdarjung Development Area, New Delhi on which he had constructed a building which was given on lease to the appellant under a lease deed dated May 29, 2004 for residential use permitting residents of the directors of the appellant and other personnel of the sister companies. After a few months the appellant requested to use the premises for commercial purposes which request was accepted by the respondent subject to the condition that if any authority raised an issue concerning misuse of the leased premises, the appellant shall deal with the same. It was further plead




































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