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2022 Supreme(Del) 814

REKHA PALLI
Ritz Theatres Pvt Ltd – Appellant
Versus
Aakar Tachno Build Pvt Ltd – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Arvind Nayar, Sr. Adv. with Mr.Raghav Awasthi, Mr.Mukesh Sharma, Mr.Abhay Chitravanshi & Mr.Kunal Tiwari, Mr.Akshay Joshi & Mr.Shubham Pandey, Advs. Mr. Satish Sahai & Mr. Jai Sahai Endlaw, Advs.
For the Respondent: Mr. Arvind Nigam & Mr.Sanjeev Sindhwani, Sr. Advs. with Mr. Naresh Gupta, Mr. Ankit Jain, Mr. Abhay P Singh & Mr. Aditya Chauhan, Advs.

JUDGMENT :

1. The present Regular First Appeal under Section 96 of the Code of Civil Procedure (hereinafter, CPC) seeks to assail the judgment and decree dated 08.06.2022, (as rectified on 14.07.2022), passed by the Ld. Additional District Judge, Delhi in CS No. 9939/2016. Vide the impugned judgment, the learned Trial Court has decreed the respondents’/plaintiffs’ suit for possession and arrears of rent @3750/- per month for the period between February 1998 to September 1999 alongwith monthly mesne profits @ 5000/- with an annual increase of 10% w.e.f., October 1999, till the date of recovery of possession.

2. Before dealing with the rival submissions of the parties, it would be apposite to note the brief factual matrix.

3. The suit property being property No. 1500, 1502-1508, Kashmere Gate, New Delhi-1100066 (hereinafter, ‘suit property’) was let out by one Mst. Sultana Bi to her son Mr. Sheikh Mohd. Ejaz by way of a registered lease deed 10.07.1968, who then, with her consent, let out the same to the appellant by way of a registered lease deed dated 26.08.1968. As per this lease deed, the property was let out for an initial period of 20 years with an option to the appellant to seek

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