BAL MUKUND NARANG Vs. GULSHAN LAL NARANG

JUDGEMENT

(1.) This is a suit filed on behalf of the plaintiff against thedefendants for recovery of Rs. 18,000.00 and for recovery of the possession of partof the property bearing No.R-612, New Rajinder Nagar, New Delhi. Summons inthe suit were issued to the defendants. Thereafter defendant No.3 filed writtenstatement on 13/12/1989. Since the defendants 1 and 2 failed to appeardespite service and did not file any written statement, they were proceeded againstex-parte vide orders passed on 13/12/1989. Vide order dated 8/11/1990 the plaintiff was permitted to lead ex-parte evidence. Pursuant tothis order, the plaintiff filed affidavit by way of evidence on 13/05/1991.

(2.) Mr. Kapur, learned Counsel appearing on behalf of the plaintiff submitsthat the relief for recovery of possession of the suit property has beccome infructuous as during the pendency of the suit the defendants 1 and 2 have already handedover the possession of the suit property on 16/07/1991. He has also drawn myattention to the written statement filed on behalf of the defendant No.3 wherein ithas been stated that the defendant No.3 is the owner of the other half of the propertybearing No.R-612, New Rajinder Nagar, New Delhi. Defendant No.3 has, however, admitted that the 1 /2 portion of the said property is owned by the plaintiff.It has also been slated in the written statement filed on behalf .of defendant No.3that defendants 1 & 2 were in occupation of a part of the suit property belongingto the plaintiff.

(3.) I have heard the learned Counsel for the plaintiff and have perused therecords. From the.plaint, I find that the plaintiff has claimed the damages @ Rs.500.00 per month for use and occupation of the suit property alongwith interestagainst the defendants 1 &: 2. The averments and allegations made in the plainthave been duly proved by the plaintiff by his affidavit filed on 13/05/1991.Defendants 1 & 2 have not filed any written statement to controvert the avermentsand allegations made in the plaint. Hence, the plaintiff is entitled to succeed in thissuit for recovery of damages. Accordingly, I pass a decree in favour of the plaintiffand against the defendants 1 & 2 for recovery of a sum of Rs. 18,000.00 with costs.The-plaintiff will also be entitled to recover from the defendants 1 & 2 mesne profit@ Rs. 500.00 from the date of filing of the suit till 15/07/1991 subject to paymentof the requisite Court fee. The plaintiff is granted two months time to deposit thebalance Court fee. Let the decree be drawn accordingly.