JAGANNATH CHAUHAN Vs. S C NANDA

JUDGEMENT

(1.) dmit. Notice accepted by Mr.Vikas Dhawan for respondent. This appeal is also taken up for disposal in view of the disposal of two other connected appeals between the parties on the subject matter. It is directed against impugned order dated 4.3.2003 doing away with appellant's (defendant) evidence and directing the posting of R-1's suit for final disposal on the pleadings of the parties.

(2.) Contesting parties are Advocates and are involved in a do or die fight over a flat at Patpar Ganj belonging to R-1. Both seem to have been working together at one stage but having fallen out later. Both have their own story to tell over-stretching the process of this court in the process. Appellant claims that he was working on the revenue side and had conducted some investigation and done some drafting for R-1 for which he was entitled to a fee of Rs.15,26,900/- till December 1996 by him. In lieu thereof, R-1 made an oral agreement to sell the flat to him for Rs.6 lacs. He handed over its possession to him and adjusted this amount against his fee claim leaving behind an outstanding of Rs.9,26,900/-.

(3.) R-1 has a different story to tell. According to him, appellant was working with him as his junior since 1992. He was permitted to stay in the flat (suit premises) along with his family in 1996 because of the professional relationship between them. He was later asked to vacate the premises and was served a notice for this in 1998 and was asked to pay mesne profits of Rs.5,000/- per month along with 25% interest. On his failure to do so, suit No.1762/98 was filed against him for recovery of possession and mesne profits in retaliation of which Appellant filed two counter Suit Nos.547 and 2831/99 against R-1 - one for specific performance and the other for recovery of Rs.9,26,900/-.