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2019 Supreme(Del) 1714

JAYANT NATH
Om Prakash Chopra – Appellant
Versus
State Bank Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.J.S.Bakshi and Mr.A.S.Bakshi, Advs.
For the Respondent: Mr.Sanjeev Kakra and Mr.Bheem Sain Jain, Advs.

JUDGMENT :

JAYANT NATH, J.

1. This suit has been filed for recovery of possession of immovable property, damages, by way of compensation and for mesne profits/compensation pendente lite and future.

2. The case of the plaintiffs is that they are the co-owners of the property No.7, Community Centre, Friends Colony, measuring 222.96 sq.mts. The defendant is a body corporate engaged in the business of banking. It is pleaded that w.e.f. 1.4.2002 defendant bank occupied portion of the plaintiffs above described property consisting of an area of 5742 sq. ft. scattered on various floors of the above property being basement area, ground floor, mezzanine at a monthly rent of Rs.3,50,000/- per month. The terms and conditions of the lease agreed upon by the parties were stated in a duly registered Lease Deed dated 2.9.2002. As per terms of the Lease Deed defendant came in occupation of the above described property for a period of five years to be computed w.e.f. 1.4.2002 to 31.3.2007. On 2.2.2007 the plaintiff by notice invited attention of the defendant to the terms of the Lease Deed expiring on 31

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