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2018 Supreme(Del) 88

RAJIV SAHAI ENDLAW
Audio Voice India Private Limited – Appellant
Versus
Vivek Khanna – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Jatinder Kumar Sethi
For the Defendants : Dr. Man Mohan Sharma

JUDGMENT :


1. The plaintiff has instituted this suit against the two defendants viz. Vivek Khanna and Shikha Khanna, for i) declaration that Clause 19 of the registered Lease Deed dated 20th May, 2013 between the parties is null, void, inoperative and unenforceable; ii) declaration that there is no valid termination of the registered Lease Deed dated 20th May, 2013 and that the said Lease Deed subsists and the plaintiff has a legal right to remain in occupation of property No.D-27, Lajpat Nagar-II, New Delhi-110024 till 30th June, 2019, as long as the plaintiff continues to pay the contracted rent; iii) permanent injunction restraining the defendants from taking forcible possession of the aforesaid premises comprising of basement ad-measuring 900 sq. ft. and ground floor ad-measuring 1800 sq. ft., as threatened by the defendants; and, iv) mandatory injunction directing the defendants to take possession of the property from the plaintiff in accordance with law.

2. Clause 19 of the registered Lease Deed dated 20th May, 2013 between the parties, qua which the relief of declaration aforesaid is claimed, is as under:

“19. That the lessee shall hand over vacant and physical possession of th




































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