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2022 Supreme(Del) 1266

MANOJ KUMAR OHRI
Rattan Mehta And Another – Appellant
Versus
Gayatri Shah – Respondent


Advocates appeared:
Mr. Harish Malhotra, Sr. Advocate with Mr. Lalit Gandherva, Advocat, for the Appellants; Mr. Rajesh Yadav, Sr. Advocate with Ms. Ruchira V. Arora & Mr. Dhananjay Mehlawat, Advocates for respondent Nos, for the Respondents No.1to2

JUDGMENT

Manoj Kumar Ohri, J. - By way of present appeal filed under Order XLIII Rule 1(f) read with Section 151 CPC, the appellants have assailed the order dated 23.12.2019 passed by the learned ADJ-04, Patiala House Courts, New Delhi in CS No.55540/2016, whereby the appellants'/defendants' defence was struck off and the written statement filed by them was directed to be taken off the record.

2. Brief facts, in nutshell, to appreciate the challenge are that the respondents/plaintiffs preferred a suit for possession, mesne profits and damages. In the plaint, the respondents claimed themselves to be owners of property bearing No. 25-A, C Block, Vasant Vihar Market (Local Shopping Centre-1), New Delhi (hereinafter, referred to as 'the suit property'). It was further claimed that a shop on the ground floor of the suit property was leased to Smt. Anju Mehta and appellant No.1 vide Lease Deed dated 15.05.1984 at a monthly rent of Rs.1,500/-, whereafter the defendants created a sub-tenancy in favour of M/s Mahima Caps (P) Ltd. by entering into an Agreement dated 15.07.2004 (hereinafter, referred to as 'the Agreement'). The Agreement, a copy of which was filed alongwith the plaint, was stat

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