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2016 Supreme(P&H) 2491

AMIT RAWAL
Malke Estates Pvt. Ltd. – Appellant
Versus
Export Credit Guarantee Corporation of India Ltd. – Respondent


Advocates Appeared:
For the Petitioners:Mr. Pankaj Jain, Advocate.
For the Respondent:Mr. Suvir Sehgal, Advocate.

JUDGMENT :

AMIT RAWAL J.

The petitioners are aggrieved of the impugned order whereby the suit under Section 6 of the Specific Relief Act instituted at the instance of the respondents in respect of half portion of the back side of first floor measuring 1150 sq. ft of SCO No.147-148, Sector 9-C, Chandigarh, has been decreed.

2. Mr. Pankaj Jain, learned counsel appearing for the petitioners submits that by virtue of lease agreement dated 21.07.2003, the respondent was inducted as tenant w.e.f. 01.08.2003 on a rent of Rs. 30,000/- per month exclusive of all municipal/property taxes, water charges etc. The aforementioned lease deed was registered. The ground floor of SCO was in occupation of Lord Krishna Bank, erstwhile Centurian Bank of Punjab. The occupants of ground floor were facing leakage/seepage problem due to blockage of water from the office flooring.

3. He submits that the respondent-plaintiff instituted the suit on the premise that the petitioners-defendants had requested the respondent- plaintiff/company to allow the repair work by dismentalling the floor and shop and that after completion of the work, they will put company into possession. It is in this backdrop of the matter,












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