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2019 Supreme(Del) 2048

PRATHIBA M.SINGH
Vimal Aggarwal – Appellant
Versus
Bhanu Pratap – Respondent


Advocates Appeared:
Vikas Arora, Adv., Radhika Arora, Adv., Rajender Mathur, Adv.

JUDGMENT :

Prathiba M. Singh, J.

The present petition has been filed challenging the impugned order dated 27 th October, 2017 by which the application filed by the Plaintiff under Order XII CPC Rule 6 was dismissed by the Trial Court.

2. The brief background is that the Plaintiff/Petitioner (hereinafter Plaintiff) filed a suit for possession, mesne profits/damages against the Defendant in respect of the first floor of property bearing No. 10 F-10/18, Model Town-II, Delhi-110007. The case of the Plaintiff is that the Defendant was inducted as a tenant into the suit property vide lease deed dated 2nd December, 2009. The monthly rent initially was Rs. 28,000/- per month. The rent amount was increased by 10% up to 30th September, 2011. Since the Defendant did not vacate the suit property, the Plaintiff issued a legal notice on 20 th September, 2012. Finally, vide notice dated 11th February, 2015, the tenancy was terminated and the Defendant was called upon to vacate the property by 28th February, 2015. The Defendant did not vacate the property.

3. The Plaintiff then filed a suit before the ld. Trial Court seeking the following relief’s:-

    "(i) a decree of possession in respect of the suit pr

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