CAPT JAI SINGH JAKHAR Vs. DIRECTOR ESTATE NDMC

JUDGEMENT

(1.) The respondent, NDMC filed an application under Sections 5 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act) against the petitioner in respect of office unit No.23, Palika Place, RK Ashram Marg, New Delhi. The application dated 19.12.1991 avers that a license was granted to the petitioner in respect of the office unit for a period of five years w.e.f. 23.10.1989 at a monthly license fee of Rs.5,710/-. The petitioner is alleged not to have paid license fee w.e.f. 1.1.1990 despite demand notices and the license was cancelled on 6.7.1991. The possession of the office unit was thus sought as also the arrears of the license fee. A subsequent application was filed by the respondent on 22.7.1992 stating that the office unit was found lying abandoned/unlocked/vacant during the course of inspection on 26.6.1992 and the respondent had taken over vacant possession of the office unit. Thus the relief under Section 5 of the said Act was stated not to survive but damages were claimed for use and occupation along with interest for the period ending 26.6.1992.

(2.) The petitioner filed a reply and inter alia and took a preliminary objection that the application for allotment was made to M/s. Impex International on 19.9.1989 and even the letter for taking possession was issued to M/s. Impex International by the respondent on 23.10.1989. The reply is dated 9.10.1992 and is stated to have been filed on 15.1.1993. In the rejoinder, the respondent denied the aforesaid averments. The alleged License Deed as per petitioner was stated to be executed between the respondent and M/s. Impex International. Since no proceedings had been initiated against M/s. Impex International nor any notice sent to the other partners apart from the petitioner, the application was stated to suffer from the non-compliance of Section 4(2)(b) of the said Act. Section 4 reads as under:

(3.) The matter apparently dragged on and it is only on 12.1.1998, after a lapse of about five years, that an application was filed by the respondent seeking to amend the original application to change the cause title to M/s. Impex International through its partner Shri Jai Singh Jakhar, the petitioner herein. It was stated in the amendment application that though the License Deed for the office unit was in the name of M/s. Impex International through its partner, the original application had been mistakenly filed against the partner by name. A reference was also made to an earlier application filed by the respondent on 20.10.1993 which purportedly sought to make all the partners as respondents in the application. It was stated that since the premises were licensed to M/s. Impex International through Shri Jai Singh Jakhar as partner, there was no need to implead other partners.