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2000 Supreme(Del) 637

J.B.GOEL
ZULFIQUAR ALI KHAN – Appellant
Versus
STRAW PRODUCTS LIMITED – Respondent


Advocates Appeared:
H.S.CHANDHIOK, L.R.GUPTA, PARIJAT SINHA, PINKY ANAND, PRASHANT PAKHIDDEY, Rajiv Endlaw, Yashobant Das

J. B. Goel

( 1 ) BY this order plaintiffs application under Order 12, Rule 6 of the Code of Civil Procedure (for short "cpc") for passing a decree of possession is being disposed of.

( 2 ) PLAINTIFFS have filed a suit for ejectment and mesne profits against defendant No. 1. Plaintiffs along with defendant Nos. 2 and 3 had leased out the property known as "rafat Mahal" bearing No. 19, Friends Colony (West), New Delhi to defendant No. 1 for a period of ten years w. e. f. 1. 6. 1979. A registered lease deed was also executed. The rent was agreed to be at Rs. 5,500 / - per month and in terms of the lease which provided two 10% increase every three years, the rent was increased to Rs. 6,050/- w. e. f. 1. 6. 1982 and then to Rs. 6,600/- w. e. f. 1. 6. 1985. Three notices dated 12. 4. 1989,10. 5. 1989, and 27. 5. 1989 were sent to vacate on expiry of the lease. A notice terminating the tenancy dated 10. 6. 1991 requiring to vacate the premises on the expiry of 30. 6. 1991 was also sent, though it is alleged that it was not necessary as the tenancy had already expired on expiry of fixed period of ten years. The defendant did not vacate and so the plaintiffs filed the suit for recovery of p































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