RAJEN GUPTA Vs. RAJ KUMAR PURI
LAWS(DLH)-1996-1-42
HIGH COURT OF DELHI
Decided on January 05,1996

RAJEN GUPTA Appellant
VERSUS
RAJ KUMAR PURI Respondents


Referred Judgements :-

MURLI DHAR V. CHUNILAL AND OTHERS [REFERRED]


JUDGEMENT

Devinder Gupta - (1.)This application is moved by defendants under Order 14 Rule 5 of the Code of Civil Procedure seeking amendment in the issues framed on 26th October, 1994. The following issues were framed on 26th October, 1994:- Whether the tenancy in the premises shall be deemed to be limited to the partners of Firm M/s.A.F.Ferguson & Co. as they were on 19.5.74, i.e. the date of creation of tenancy?
(2.)Whether the suit premises be deemed to have been abandoned by the tenants in 1988 when the partner Shri R.Subramaniam vacated the premises or when the possession was handed over by the tenant-firm to Shri R.K.Puri, in May, 1988? 3. Whether the possession of Shri R.K.Puri on the suit premises is wrongful? 4. Whether the suit is barred by Section 50 of Delhi Rent Control Act? 5. To what amount the plaintiff is entitled by way of mesne profits/damages and interest thereon? 6. Relief.
(3.)The grievance of the defendants is that issues No.2 and 5 require to be amended while issue No.3 requires to be refrained in view of the pleadings and reply to interrogatories, which are on record. In order to appreciate the respective contentions of the parties, it is necessary to take into consideration the respective case of the parties, as disclosed in their pleadings.
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