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DELHI HIGH COURT
S.RAVINDRA BHAT
Rane Prakash – Appellant
Versus
N.R. Buildcon Private Ltd. – Respondent


JUDGMENT

S. Ravindra Bhat, J.

I.A. 12641/2007

1. This order will dispose of an application under Order XII Rule VI Code of Civil Procedure moved by the plaintiff.

2. Brief facts necessary for the purposes of this order are that the plaintiff filed the above suit claiming a decree of possession and mesne profit from the defendant. The averments are that the plaintiffs executed a registered lease deed on 26.6.2006 effective for three years from 10.7.2006 for property being 1st Floor, 72, Janpath, New Delhi (hereafter called "the suit property"). It is alleged that in terms of the lease deed, the defendant agreed to pay Rs. 110/-per square feet per month as rent aggregating to Rs. 2,31,550/-per month (which had to be paid in advance on or before the 10th of each calender month). In terms of the lease deed, the defendant handed over 36 post dated cheques to the plaintiff. It is claimed that according to the terms of the lease deed if any cheque were dishonoured, the lease stood automatically terminated and the lessee had to hand back vacant and peaceful possession of the property, to the plaintiff. The plaintiff-applicant alleges and relies upon its statement in the suit that the

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