STATE BANK OF INDIA Vs. PUSHPA SINGH

JUDGEMENT

(1.) ONE building having different Municipal numbers, for the reason in Old Delhi, when survey was carried out Municipal numbers were assigned with reference to the doors in a building, explains four suits filed by the father and his three sons who owned different portions of a building on Chandni Chowk, Delhi, against the appellant seeking ejectment and damages by way of mesne profits for continued unauthorized occupation, alleging that the ground floor, first and second floor (part mezzanine also) was let out by them (different portions) to the appellant bank who did not vacate the premises when tenancy was determined but vacated after a year and few months.

(2.) THE building abuts Chandni Chowk on one side and has an opening on a street which forms a T-junction with Chandni Chowk i.e. is a corner plot and the portion occupied by the bank under four tenancies opens into the side street having the entrance 30 feet away from main Chandni Chowk.

(3.) THE father and the sons filed four suits seeking damages which were opposed on the strength of the plea that the premises being in a slum area, notwithstanding rent being more than Rs.3,500.00 per month and notwithstanding tenancy being determined, the landlords could not claim any damages. The suit was dismissed on May 05, 2011 and vide decision dated December 12, 2011 the decision of the learned Single Judge was set aside by the Division Bench requiring the Single Judge to determine the mesne profits, against which appellant filed petitions seeking Special Leave to Appeal before the Supreme Court which were dismissed on May 07, 2012.