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2023 Supreme(SC) 798

B. V. NAGARATHNA, PRASHANT KUMAR MISHRA
Ved Kumari (Dead Through Her Legal Representative) Dr. Vijay Agarwal – Appellant
Versus
Municipal Corporation of Delhi Through Its Commissioner – Respondent


Advocates appeared:
For the Appellant(s) :Mr. Gopal Sankaranarayanan, Sr. Advocate, Mr. Senthil Jagadeesan, Advocate, Mr. Adit S Pujari, Advocate, Ms. Maitreya Subramaniam, Advocate and Ms. Mantika Vohra, Advocate
For the Respondent(s):Mr. Praveen Swarup, Advocate, Mr. Praveen Swarup, Advocate, Mr. Devesh Maurya, Advocate, Ms. Payal Swarup, Advocate, Mr. Chander Shekher Malhotra, Advocate, Mr. Vivek Verma, Advocate and Mr. Hari Sahteshwar, Advocate

JUDGMENT

Prashant Kumar Mishra, J.

Leave granted.

2. These appeals arise from the judgment and orders dated 07.04.2016 and 04.11.2016 passed in C.R.P No. 152 of 2012 and R.P No. 487 of 2016 respectively, whereby the High Court has affirmed the order of the Executing Court dated 11.09.2012 holding that the decree for possession of immoveable property is not executable against the judgment-debtor.

3. The factual matrix of the case is that the appellant (since deceased represented through Lrs.) who is the original plaintiff, leased out land measuring 400 sq. yds. out of Khasra No. 4/39/1 situated at village Khureji Khas, Abani Radheypuri, Ilaqa Shahdara, Delhi (hereinafter referred to as the Suit Land) within the limit of Municipal Corporation Delhi vide lease deed dated 06.01.1973 to the respondent-Corporation (Original defendant) for a period of 10 years initially @ monthly rent of Rs. 30/-, which was renewable with the consent of both the parties, however the lease was not renewed subsequently after expiry on 06.01.1983. Thereafter, the appellant served a notice upon the respondent-Corporation dated 02.12.1987 vide which the respondent-Corporation was called upon to hand over the peace


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