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INDIAN CONTRACT ACT

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Group Members
PRESENTED BY
• NIKITA SINGH
• SONAM AGGARWAL
• KRISHNA TIWARI
• AMIT ASTHANA
• SUDIPAN GHOSH
• NIHAR TARANEKAR
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KEYWORDS
• CPC :- CIVIL PENAL CODE
• DECREEHOLDER
• DEFENDANT
• APPELLENT/ PLAINTIFF:
• AFFIDAVIT
• ANNEXED HERETO
• PERMANENT INJUNCTION
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PLAINTIFF SIDE..
• The plaintiff has filed a suit for recovery of possession and
mesne property as well as permanent injunction.
• It is averred in the plaint that the plaintiff are absolute owner
of the commercial office measuring 1018sqft bearing flat no.
801, situated on 8th floor of building known as New Delhi
House, 27 Barakhamba Road, New Delhi-110001.
• The plaintiff agreed to let out the said premises for a period
of 3 years on the monthly rent of Rs 35,630 commencing
from 01-11-04 to 31-10-07 on the terms and conditions
incorporated in the lease deed dated 01-03-05 which was
got registered with the sub-Registrar, New Delhi.
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Contd…
• One month before the completion of the
period plaintiff send a letter regarding the
efflux of time and for peaceful possession.
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Defendant Side
• The defendant gave the enhanced rent to the
plaintiff and without any objection he encashed
it.
• The receipt received by him one month before
was having a typographic error stating the rent
to be Rs. 1,06,890 instead of Rs. 35,630.
• So, the notice has no value and must be
dismissed.
• He wrote the same to the plaintiff on ………..
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• Then plaintiff wrote an apology letter

stating that every thing else was correct
and ignore the typographic error.
• Defendant accepted that he received the
letter and there was no fresh agreement
signed dually by them.
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Sections
• Section 107 TPA

• Section 111 Clause (A)TPA.

• Section 106, TPA

• Order 12,Rule 6 CPC.

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Judgment
• The plaintiff is entitled to a decree for
possession on admission.
• With the application under order 12, Rule 6
read with section 151 CPC filed by the
plaintiff is accordingly allowed.
• A decree of possession as claimed in prayer
A of the relief clause in the suit is hereby
granted in favor of plaintiff and against the
defendant
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IN HIGH COURT OF DELHI AT

NEWDELHI
(CIVIL APPELLATE
JURISDICTION)
IN THE MATTER OF:
R.F.A. NO.427 OF 2010
M/S. Total Telefilms(P) Ltd…..
APPELLANT/DEFENDANT
VERSUS
Shri Harpreet Singh & others….
RESPONDENT/PLAINTIFF

Decided on 18-08-2010
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AFFIDAVIT OF
UNDERTAKING
I,Vinod Mehta s/o Shri Tek Chand Mehta director Total
Telefilms Private Limited having office at 1206-07, New
Delhi House , Barakhamba Road, New Delhi-110001 do
hereby solemnly affirm and declare as follows:

I am the Director of Appellant …..

I confirm and rectify the statements before this Hon’ble
court on 18.8.2010 by Mr. P.R.Chopra and Mr.Amit
Sahani , Advocates on behalf of and on instructions of
the
appellant………………………………………………………
……..
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AFFIDAVIT OF UNDERTAKING
I, Guriqbal Singh Bhullar S/o s.Gurdial
Singh Bhullar R/o 1625, Sector-
36D,Chandigarh do hereby solemnly
affirm and declare as under-:
I am the attorney of the Decree Holders in the
above noted
case………………………………………...
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DECREE SHEET
(SECTION 37 OF THE CODE OF CIVIL
PROCEDURE)
IN THE COURT OF PITAMBER DUTT,
ADJ-17(CENTRAL),DELHI
SUIT NO.376/09
PLAINTIFF
VERSUS
DEFENDANTS
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Chronological Stats
• 1-11-2004:- Tenancy Started
• 1-03-2005:- Lease got Registered.
• 29-9-2007:- Plaintiff send letter to vacate the premises.
• 27-10-2007:-Defendant replied.
• 31-10-2007:-Lease expired.
• Nov-2007:- Cheques encashed.
• 3-12-2007:- Suit Filed.
• 12-3-2010:- Date of Decree or Order.
• 18-8-2010:- Case Decided
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THANK YOU