SHYAM KISHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) Plaintiffs have come up in appeal feeling aggrieved by the judgment and decree dated 4.8.1989 of the Addl District Judge Delhi directing a suit for recovery of mesne profits and possession over Flat No. 303, II Floor, Rohit House, Tolstoy Marg, New Delhi to be dismissed.

(2.) Undisputedly, the suit property is owned by the plaintiffs. In the beginning' of July, 1993, then the Regional Iron and Steel Controller, approached the plaintiff No. I for securing on lease the flat in suit for the use of the office of defendant No. 2. Rent at the rate of Rs. 2.60 per sft plus 10 paise per sq feet for lift service charges was agreed upon. Keys of the flat were handed over to defendant No. 2 on 3.7.93. Thereafter rent was paid to the plaintiff from month to month. Last such payment was made for the month of March, 1987. However, no written deed of lease was executed between the plaintiffs and the Union of India.

(3.) According to the plaintiffs, no deed of lease having been executed between the parties in accordance with and in conformity with Article 299 of the Constitution of India there is no deed of lease valid and enforceable existing between the parties and hence there is no relationship of landlord and tenant created. The appellants are, therefore, entitled to recovery of possession and mesne profits for use and occupation of the premises by the defendants, the same having been demanded by legal notice served before the institution of the suit.