SANJEEV SONIA INDUSTRIES Vs. PHOOL CHAND

JUDGEMENT

(1.) M/s Sanjeev Sonia Industries & Ors. have filed the present suit for possession, permanent injunction, recovery of mesne profits and declaration. It has been asserted that the plaintiffs M/s Sanjeev Sonia Industries and four others are the perpetual lessees of plot no. A-138 situated in Wazirpur Industrial Area, near Tool Room and Training Centre, Wazirpur Industrial Area. The Delhi Development Authority had announced auction of various plots in Wazirpur Industrial Area including the above said plot. The plot was put to auction. Plaintiff no.1 through its partners was the highest bidders. The bid of the plaintiffs was accepted. The plaintiffs in pursuance of the order deposited the earnest money amounting to Rs.20,875.00 on the spot. The plaintiffs were called upon to deposit the balance amount of Rs.62,735.00 and it was deposited on 15/6/1973. lifter receiving the total amount towards the bid amount defendant no.2(Delhi Development Authority) intimated the plaintiffs for handing over the possession. A perpetual lease deed was executed dated 14/1/1986. The plaintiffs had set up a barbed wire boundary along the wall.

(2.) The grievance of the plaintiffs is that the defendant no.1/1 to 36 in connivance and collusion with the local politicians and leaders have occupied the said plot and constructed huts on it. They have been assuring the plaintiff but have not vacated the premises. Because of the encroachment the plaintiff could not set up the construction on the said plot. The plaintiff made requests to the police and even to DDA but without any effect. The plaintiff claims that they have illegally been deprived of the possession of the said plot. Hence the civil suit has been filed for declaring the plaintiffs are the lessees with exclusive right of possession of the plot referred to above. It is also claimed that decree be passed against the defendants 1/1 to 36 to hand over vacant possession of the said plot to the plaintiff. Further directing defendant no.1/1 to 36 to pay mense profits to the plaintiff and plea has also been raised to direct the Delhi Development Authority to take proceedings against defendant no.1/1to 36 for illegally occupying the plot and directing defendant no.3 i.e. Delhi Electricity Supply Undertaking to disconnect the electricity and remove the poles and pillars from the plot.

(3.) In the written statement filed by defendant no.2, Delhi Development Authority, it has been, pleaded that it is not aware if defendants 1/1 to 36 is in possession of the plot and if so under which capacity. It is not in dispute that lease alleged by the plaintiffs was executed and possession had been delivered. However, the DDA pleaded that the plaintiffs had violated the terms of Clause II (4)(9) of the Lease Agreement. Notice of 10/11/1987 was served on the plaintiff stating that if building is not constructed the lease shall be determined.