RAJIV SARIN Vs. DIRECTORATE OF ESTATES

JUDGEMENT

(1.) By I.A. No.10163/2021, the plaintiffs No.1&3 have prayed that the defendants be proceeded ex-parte and their right to file the written statement be closed, in view of the fact that the defendants have not adhered to the strict time schedule prescribed for commercial suits. The defendants have, on the other hand filed I.A. Nos.13112/2021 & 13113/2021 for condonation of delay in filing the written statement and re-filing the condonation application respectively.

(2.) Before proceeding further, it may be noted that this suit has been filed by the children of late Sh. H.K. Sarin and Smt. Vera Sarin against the Directorate of Estates, Ministry of Labour & Employment, Government of India and the Competent Authority under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 ('SAFEMA' for short). The suit has been filed for recovery of damages for loss of market rent, mesne profits and interest. The property being Flat No.1108, Ansal Bhawan, Kasturba Gandhi Marg, New Delhi-110001 ('Suit Property' for short) which had been purchased by the plaintiffs through their mother acting as their attorney, on 6/3/1972 through Articles of Agreement executed with Ansal & Saigal Properties Private Limited, was leased out to the Government of India through defendant No.1 from time to time since 1/9/1976, the last extension being vide Lease Deed dtd. 25/11/1990. The said lease was determined on completion of its tenure of five years on 25/11/1995. Thereafter the tenancy was treated as a month to month tenancy at a monthly rent of Rs.20,500.00. The defendant No.1 allotted the suit property as office accommodation to the defendant No.2 which remained in possession and use of the property till they vacated the premises and removed their articles therefrom on 2/7/2020.

(3.) The plaintiffs accepted the keys to the property on 22/1/2020 without prejudice to their rights and claims arising out of the continued possession of the property. However, it was only pursuant to this Court's directions issued in CM No.3099/2020 in W.P.(C) No.10395/2019 dtd. 12/6/2020, that the defendants removed their articles from the suit property on 2/7/2020. The order dtd. 16/7/2020 recorded that the defendant No.1 shall pay the arrears from 1/5/1999 to 2/7/2020 on the basis of the last rent paid i.e. Rs.20,500.00 which amounted to Rs.52,08,323.00 and which stands paid.