BATLIBOI AND COMPANY LIMITED Vs. N K VERMA

JUDGEMENT

(1.) Briefly stated the facts giving rise to these twoapplications being LA. 9737/92 and 10514/92 are that Batlihoi & Co., herein,after called the applicant took on rent property 142, Golf Links New Delhiconsisting of first floor with terrace, barasti, one servant quarter and garagetogether with fixtures and fittings for a period of three years on a monthlyrent of Rs. 1500.00 vide lease agreement dated 1.3.1977 from Shri N.K. Verma,owner-landlord. After expiry of three years, the applicant continued to betenant in the said property on the same terms and conditions, except thatrate of rent was increased from Rs. 1500.00 to R.s.2,200.00. Rent of these premises stands paid upto August, 1993. These premises have been used as guesthouse of the applicant.

(2.) As per the averments made in the plaint, on 15.7.1992 at 2 p.m.the owner-landlord brought 30 bad elements/goondas to the tenanted premisesand started throwing the furniture and other valuable belongings of theapplicant by taking law in their hands. The caretakers of the plaintiff whoobjected to the illegal actions of the defendant and his accomplices, were alsothrashed and thrown out of gates on the road. The defendant has takenaway/removed most of the costly furniture, almirahs and valuable articlescosting over Rs. 3 lakhs to some unknown place and the same are not trace-able. The plaintiff has been forcibly and illegally dispossessed from thetenanted premises on 15.7.92 without recourse to the legal proceedings underthe provisions of the Delhi Rent Control Act.

(3.) On these grounds this suit for possession under Section 6 of theSpecific Relief Act for restoration of possession of the tenanted premises hasbeen filed by the plaintiff company.