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2019 Supreme(Del) 1624

REKHA PALLI
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Mohanjit Singh (Deceased) Through Legal Heirs – Respondent


Advocates Appeared:
For the Petitioner:V.K. Garg, Sr. Advocate, Noopur Dubey, Rikesh Singh, Advocates.
For the Respondent:Raman Kapur, Sr. Advocate, Dhiraj Sachdeva, Gurmehar Sistani, Advocates.

JUDGMENT :

1. The present appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the tenant, assails the judgment and decree dated 09.10.2015 passed by the learned Additional District Judge, Central Delhi in Civil Suit No.40/09, whereby the suit preferred by the respondent/landlord for possession of the suit property along with mesne profits, has been decreed against the appellant.

2. A piece of land admeasuring 200x125x198x125 ft., situated at 11/1, Mathura Road, Delhi (‘suit premises’ for short), was leased out to the appellant for a period of ten years at a monthly rent of Rs.506/- vide a lease deed dated 21.11.1964 executed by the predecessor-in-interest of the respondent. Though a provision for renewal of the lease for further periods was incorporated in Clause 3(d) of the lease deed, no renewal of the same was ever executed and the appellant continued to occupy the premises on payment of the initially agreed rate of rent, without any objection whatsoever from the respondent who continued to accept the rent from the appellant till October, 1999.

3. It was only on 01.12.1999 that the respondent issued a notice to the appellant terminating the lease and requiring th

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