GYAN SINGH KALSI Vs. A K MAHAJAN

JUDGEMENT

(1.) Present suit has been filed by Gyen Singh Kalsi hereinafter described as the plaintiff for recovery of RPS.5,00,000/" and for a mandatory injunction against the defendants to restore status quo ante as on 5/6/1980 and to 'implement the directions of the Minister of State for Finance, Government of India.

(2.) The facts alleged and cajoled from the plaint are that plaintiff is a refugee from Nairobi, Kenya. His ancestors had arrived in 1880 and had settled in Kenya where the plaintiff had a flourishing business. He shifted to India with his family some time in 1969. The plaintiff started business at new Rohtak Road.

(3.) A building F-41 Connaught Place, originally belonged to M/s Indian Life Assurance Company. It had granted a lease of the premises to Shriek R k Singh on 11/6/1957. The said premises comprised of first floor flat and portion of the building on the ground floor. On 23/2/1967 Shri R K Singh entered, into an agreement with Life Insurance Corporation and agreed to surrender all the portions of the demised premises. The understanding between the parties was that after construction of the new building Life Insurance Corporation would give an equivalent area to the tenant Shri R K Singh. On 12/12/1973 plaintiff entered into business partnership with Cantors Chummier Singh who held the premises after the death of R K Singh. The business was being run in partnership. The Estate Officer, Life Insurance Corporation had initiated proceedings under Section 5 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 against Santosh Kumar Singh, Shri Ram Krishna Iyer and the plaintiff. Damages were also claimed. The Estate officer decided the matter on 13/10/1979 and held that plaintiff was an unauthorised occupant since 12.12.1973 besides imposed damages of Rs. .7,44,000.00 Appeals had been filed against/the said order