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2021 Supreme(Del) 228

V.KAMESWAR RAO
Jitender Kumar – Appellant
Versus
Hemant Kumar Gupta – Respondent


Advocate Appeared:
For the Appellant :Vijay K. Gupta, Mehul Gupta, Advocates.
For the Respondent:Bhaskar Tiwari, Advocate.

JUDGMENT :

1. This appeal has been filed by the appellant under Section 96 of the CPC against the judgment dated December 20, 2019 (‘impugned judgment’, for short) passed in a Civil Suit being CS No. 616415/2016 (‘Suit’, for short). This Suit was filed by the respondent / plaintiff seeking a Decree of Possession, Recovery of Arrears of rent / damages and Permanent Injunction against the appellant / defendant in respect of premises being Room No. 29, Third Floor of property No. 1663-66, Didwani Motor Market, Kashmere Gate, Delhi, ad-measuring 180 Sq. Ft. (‘Suit Property’, for short), being the owner of the same.

2. The facts, in brief, as noted from the impugned judgment, plaint, LCR, lease agreement are, that the respondent / plaintiff let out the Suit Property to the defendant / appellant since 2005 and lastly it was extended vide lease agreement dated June 02, 2014 as executed between the parties (‘Lease Agreement’, for short) for a monthly rent of Rs. 3744/- payable by the defendant. As per the Lease Agreement, inter-alia, (i) the tenancy was liable to be terminated by way of service of one month’s notice by either of the parties; (ii) plaintiff had received a sum of Rs. 12000/- a

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