LAWS(DLH)-2008-1-170

RANE PRAKASH Vs. N.R. BUILDCON PRIVATE LIMITED

Decided On January 23, 2008
Mr. Rane Prakash and Ors. Appellant
V/S
N.R. Buildcon Private Limited Respondents

JUDGEMENT

(1.) LA. 12641/2007

(2.) THIS order will dispose of an application under Order XII Rule VI Code of Civil Procedure moved by the plaintiff.

(3.) THE counsel for the plaintiffs submits that the written statement filed on behalf of the defendant, contains admissions regarding execution of the registered lease deed dated 26.6.2006 and its being inducted in the premises pursuant to the document. It is urged that the defendant also admitted that the lease was for three years commencing from 10.7.2006 and was to end by efflux of time on 10.7.2009. It is claimed that the defendant has in the written statement also admitted the consequence of dishonour or non -payment of cheques issued towards monthly rents being dishonoured or returned un -paid and further there was delay in the payment of rent. It is claimed that the defendant had not denied receipt of the legal notice dated 30.3.2007 communicating about automatic termination of the lease deed on 23.1.2007 in terms of Clause 1(f) of the lease deed. In these circumstances, it is stated that in all material particulars, the facts on record are sufficient to pass a decree for possession through the admissions of the defendant.