PAYAL VISIONS PVT LTD Vs. RADHIKA CHAUDHARY

JUDGEMENT

(1.) Plaintiff has filed the present suit for recovery of damages and mesne profit.

(2.) Prior to the filing of the present suit, plaintiff had instituted a suit against the defendant for recovery of possession, which was decreed by the trial Court and the order of the trial court was reversed in appeal by the High Court. The Supreme Court vide order and judgment dated 20.9.2012 has upheld the order of the trial court. Possession of the suit property was handed over by the defendant to the plaintiff on 12.12.2012.

(3.) As per the plaint the tenancy of the defendant was terminated by a legal notice dated 17.3.2003. The last paid rent of the premises was Rs.57,600/- per month. Counsel for the plaintiff submits that the entire property, i.e. land 850 sq. yrds. situated in Khasra No.841/1, known as Ghtorni Junction on Mehrauli Gurgaon Road, Delhi, was given on rent to the defendant. It is submitted that the property was being used by the defendant for commercial purposes.