CIT vs. J. H. Finvest Pvt. Ltd
ITA/30/2015HC Delhi30 Nov 2015
Bench: The Trial Court) Under Section 96 Of The Code Of Civil Procedure, 1908 (“Cpc”) Against The Judgment & Decree Dated 10Th September, 2014, Passed By The Additional District Judge-17 (Central), Tis Hazari Courts, Delhi In Suit Bearing Cs No. 398/2014, Titled As Sunil Kumar Jain & Anr. Versus Ram Kishan Tokas & Anr. (“Impugned Judgment”). 2. The Appellants Had Filed Cs No. 398/2014 Seeking A Decree Towards Recovery Of Firstly, Possession Of The Corner Shop Measuring 15 X 9 Sq. Ft., Situated In Property Bearing No. E-108/2, Opposite Community Centre, Bgn Market, Munirka Village, New Delhi (“Suit Shop”) & Secondly, Rs. 1,00,000/- Towards Damages & Compensation For The Period From 01St July, Digitally Signed By:Hariom Sharma Signing Date:15.12.2025 20:56:25 Signature Not Verified
Section 96
…or that reason. The purpose for which lease is granted forms an integral part of the lease deed in this case and this very issue forms one of the main disputes. xxx xxx xxx 21. In Satish Chand Makhan [Satish Chand Makhan v. Govardhan Das Byas, (1984) 1 SCC 369], another coordinate Bench of this Court declined to accept admissibility of an unregistered lease agreement for determining duration of the lease (9 years in that case) on the reasoning that terms of lease would not constitute collateral purpose. It was observed in this judgment that “nature and character of possession” could constitute colla…