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M/S.Impex (India) Limited vs Dinashah Jal Daruwala And Anr on 4 April, 2024

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B. FACTS 2) Facts of the case, as pleaded in the Plaint, are as follows. Original

Plaintiffs owned a plot of land bearing Municipal House No. 108 in Koregaon Park, Pune on which, a bungalow known as 'Gardenia' is constructed, in addition to few other structures like outhouses and a garage. By Agreement of Lease dated 1 November 1961, Petitioner, who is the original Defendant in the Suit, was inducted as a lessee in respect of the bungalow 'Gardenia' together with garage and two rooms in the outhouse and the garden appurtenant to the bungalow together with right to use common servant toilet. The property leased out to Petitioner/ Defendant is described as the 'suit premises' in the Plaint. There is open strip of land behind the bungalow-Gardenia admeasuring about 10,000 sq.ft. Additionally there are two more rooms in the outhouse. Plaintiffs did not grant lease in respect of the said vacant land behind the bungalow or in respect of the remaining two rooms in the outhouses, which apparently remained in their possession.


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