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2012 Supreme(P&H) 128

RAKESH KUMAR JAIN
Navjeet Chadha – Appellant
Versus
Ravinder Sandhu – Respondent


Advocates:
For the Petitioners:Mr. D.S. Patwalia, Advocate.
For the Respondent-Caveator:Mr. Chetan Mittal, Sr. Advocate, with Mr. Vishal Garg, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.: - The tenants are in revision.

2. The landlady let out SCF No.3, Sector 9D, Chandigarh to the tenants initially @ Rs.55,000/- per month with 6% increase per annum till the expiry of lease on 31.07.2007 but before expiry of the said lease, the tenants got the lease extended through a registered lease deed dated 09.05.2007 for another 3 years which was to expire on 31.07.2010. The three years’ lease had started w.e.f. 01.08.2007 as per which the tenants were to pay the rent as under:

Period Rate of rent

01.08.2007 to 31.07.2008 Rs.77,034/- per month

01.08.2008 to 31.07.2009 Rs. 77,416/- per month

01.08.2009 to 31.07.2010 Rs. 82,060/- per month

3. It was further agreed in para no.5 of the lease deed “that in case the lessees do not vacate the premises at the end of 3 years from the date of commencement of the lease period i.e. by 31.07.2010 and no mutual agreed terms are settled between the lessor and the lessees on or before 01.05.2010 the lessees will be liable to pay rent of Rs.1,50,000/- per month, and the lessor can take over the premises from the lessees.” Admittedly there was no extension of lease after 31.07.2010, rather the landlady





















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