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2015 Supreme(Del) 2091

PRADEEP NANDRAJOG, V.KAMESWAR RAO
ICICI BANK LIMITED – Appellant
Versus
LATE SMT SHAKUNTLA GUPTA (SINCE DECEASED) REPRESENTED Through lrs. – Respondent


Advocates Appeared:
Mr. A.S. Chandhiok, Sr. Advocate instructed by Mr. E.R. Parekh, Mr. Abhinay Kumar, Ms. Sweta Kakkad, Ms. Yamini Khurana and Mr. Chaitanya Kaushik, Advocates
Mr. Sanjiv Bahl, Advocate with Mr. Eklavya Bahl, Advocate

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. As the owner of 2955 square feet built up area on the ground and mezzanine floor forming part of property bearing No.82, Janpath, on October 01, 2008 Late Ms. Shakuntala Gupta (the mother of the respondents) executed a lease-deed in respect of the property. The lessee was the Bank of Rajasthan, authorized representative whereof was the cosignatory to the lease-deed. The lease-deed was duly registered and the duration of the lease was 15 years with rent to be increased every 5 years by 20%. Being relevant to deal with the arguments advanced by the learned Senior Counsel for the appellant and its rebuttal thereto by the learned counsel for the respondents, we need to note the description of the parties to the lease-deed and clauses 3, 10 and 26 thereof. They read as under:-

LEASE DEED

This indenture of lease is made at New Delhi on this 1st day of October, 2008.

BY AND BETWEEN

Mrs. Shakuntala Gupta, W/o Mr.Mahendra Kumar Gupta and R/o Shanti Niwas, 6, Under Hill Road, Civil Lines, Delhi – 110054 acting through her husband and duly constituted attorney namely, Mr.Mahender Kumar Gupta, S/o Late Shri Matu Ram, R/o Shanti Niwas, 6, Under Hill Road, Civil
































































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