LAWS(DLH)-2000-12-94

V P PURI Vs. UNION OF INDIA

Decided On December 20, 2000
V.P.PURI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appeal is against the order passed on 28.1.1999 by learned Single Judge on the plaintiffs/appellants application declining to strike out the defence of the defendant due to failure on the part of the defendant to pay the amount towards use and occupation charges.

(2.) The facts in brief are that a suit has been filed by the plaintiffs against the defendant for a decree for possession and for mesne profits at the rate of Rs. 4,56,510.00 per month from 1.5.1995 till such time the plaintiffs are able to take possession with interest at the rate of 18% p.a. In addition, decree for Rs. 15,627.50 towards arrears of rent along with interest thereon at the rate of 18% p.a. has also been claimed.

(3.) During pendency of the suit, an application (IA.79/97) was filed by the plaintiffs under Order 39 Rule 10 of the Code of Civil Procedure. It was allowed on 15.5.1997 and a direction was issued to the defendant to pay amount for use and occupation charges at the agreed rate of rent of Rs. 2,28,225.00 per month for the period from 11.11.199 5/12/1996 within a period of two months and to continue to pay a sum of Rs.2,28,225.00 per month during pendency of the suit. While passing this order learned Single Judge observed that the defendant has not disputed its liability to pay rent. Obviously this order was not challenged by the defendant. Despite this order, the defendant failed to make payment to the plaintiffs.