MOHINDER KAUR Vs. KUSAM ANAND

JUDGEMENT

(1.) Leave granted.

(2.) In the High Court of Delhi, plaintiff filed Civil Suit No. 28/78 for possession of the ground floor of the property bearing No. 1/5. West Patel Nagar, New Delhi and mesne profits @ Rs. 3000/- per month from 1-1-1978. The learned single Judge decreed the said suit by judgment and decree dated 22-8-1997. Defendant preferred RFA (OS) No. 45 of 1997 before the Division Bench. That appeal was allowed by judgment and decree dated January 28, 1999 (reported in AIR 1999 Delhi 221) and the same is challenged by the plaintiff by filing this appeal by special leave.

(3.) Plaintiff filed suit for recovery of possession and mesne profits inter alia alleging that plaintiff purchased the suit property from M/s. Jawahar Mal and Sons sometime in the year 1961. M/s. Jawahar Mal and Sons were the lessees of the land underneath the suit property. After purchase of the said property, it was let out by the plaintiff to National Cadet Corps (NCC). As the property was being used by NCC for the purposes other than residence, the DDA lodged a complaint against the plaintiff under Section 29(2) read with Section 14 of the DDA Act, 1957 sometime in 1974. The running of office by NCC in the building in question was proved beyond doubt and, therefore, the Metropolitan Magistrate by order dated 21-4-1976 convicted the plaintiff for the said offence by holding that the building in question can be used only for residential purpose as it is in the residential zone of the Master Plan of Delhi. In view of the aforesaid non-confirming user of the property by NCC, the plaintiff filed an application for eviction under Section 14(1)(a), (c) and (k) of the Delhi Rent Control Act, 1958 against Union of India and others. Realising that the property cannot be put to non-confirming use, the NCC vacated the property on 31-8-1977. In those proceedings, one D. K. Chadha, employee of plaintiff's firm was appointed as power of attorney to conduct the eviction proceedings against NCC and others.