VINOD KHANNA Vs. BAKSHI SACHDEV

JUDGEMENT

(1.) The present appeal by defendants 1,2 & 3 is directed against the judgment and decree dated 29.5.1993 passed by the learned Single Judge in Suit No. 723 /1989 filed by plaintiff/respondent No. 2 and the predecessor- in-interest of respondents No. 1 (a) & 1 (b) for recovery of possession, mesne profits, damages and injunction relating to property No. 5, Golf Links, New Delhi.

(2.) The case of the plaintiff as pleaded in the plaint, in brief, is that the property was let out to M/s. Dynamic Sales Service International Pvt. Ltd. w.e.f. 19.6.1974 on a monthly rent of Rs. 6,000.00 . The written lease agreement in this connection is dated 21.6.1974 but the same was not registered. It is pleaded that after a few months the lease was transferred in favour of defendant No. 1 - namely M/s. Concord International Pvt. Ltd. in pursuance of which the defendant No. 1 became the sole tenant on the same terms and conditions. The defendant No. 2 alongwith his family members practically own all the shares of defendant No. 1, and accordingly for all practical purposes the defendant No. 1 is a company belonging to defendant No. 2 and his family, who are also the persons residing in the said house right from the beginning.

(3.) The plaintiff originally impleaded M/s. Dynamic Sales Service International Pvt. Ltd. as defendant No. 4 and Shri Vipin Khanna as defendant No. 5. However, subsequently on the basis of the representation on behalf of defendants Nos. 4 & 5 that they do not claim any interest in the suit property the said defendants were given up by the plaintiff. It may also be mentioned herein that the defendant No. 2 and Shri Vipin Khanna who was originally impleaded as defendant No. 5 are real brothers. It is also to be mentioned that earlier the defendant No. 2 was also involved with M/s. Dynamic Sales Service International Pvt. Ltd. and he had in fact executed the lease agreement on behalf of the said company with the plaintiff.