LAWS(DLH)-2022-12-114

AMRIT ESTATES (P) LTD. Vs. PUNJAB NATIONAL BANK

Decided On December 15, 2022
Amrit Estates (P) Ltd. Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) The plaintiff has filed this Suit for recovery of mesne profits/damages in the sum of Rs.3,40,80,000.00 for unauthorized use and occupation of the premises by the defendant for the period 1/4/1989 to 31/1/2002 by way of amended plaint dtd. 26/2/2013/25/5/2017.

(2.) The long and arduous journey for recovery of possession and thereafter, for recovery of damages/mesne profits began way back in the year end of 1989. In this long span of almost 33 years, this case has gone through many bumps and jumps before reaching the stage of final adjudication. While the plaintiff was successful in getting the possession on 31/1/2002, the struggle to get the mesne profits continues even now.

(3.) The plaintiff-M/s Amrit Estates (P) Ltd. had rented out the suit premises bearing No. A-28, Kailash Colony, New Delhi (hereinafter referred to as "Suit Property") to the defendant Punjab National Bank vide Lease Agreement dtd. 7/12/1979 on a monthly rent of Rs.19,000.00 per month, for the purpose of Residential Staff Training College. Another Agreement for Fittings and Fixtures including articles and furniture dtd. 7/12/1979, was entered into between the parties for which monthly charges of Rs.6,000.00 were payable. The total rent thus payable was Rs.25,000.00 per month.