UNION OF INDIA Vs. MALVINDER SINGH

JUDGEMENT

(1.) The respondents in this appeal filed a suit for recovery of possession and mesne profits against the appellants, Union of India, for use and occupation of the ground floor of the premises bearing no. J-2/23, Rajouri Garden, New Delhi. Vide order dated 1.10.2005 the suit was partially decreed in favour of the respondents under the provisions of Order XII Rule 6 of the Code of Civil Procedure and possession of the suit property was delivered to him. However the case remained pending before the learned Trial Court for determination of the mesne profits for use and occupation of the premises.

(2.) Title of the respondent to the property as well as right to receive the property was not disputed and as already noticed, the dispute between the parties was on a very limited issue. Thus, the learned Trial Court vide its order dated 1.10.2005 framed the following issues:- 1]. Whether the plaintiff is entitled to damages/mesne profits and at what amount? 2]. Relief.?

(3.) The plaintiff examined himself as his witness and produced on record the documents Ex.P1 to P8. In his statement it was averred that the defendants were liable to pay a sum of Rs.2,22,000/- on account of arrears of rent and the prevalent rate of rent at the time of termination of the tenancy was Rs.70/- per square feet and on the date of recording of his statement it was Rs.100/- per square feet and claimed the mesne profits. The appellants had written various letters to the respondent which were proved on record as Ex.P9 to P11 in regard to the claim of damages.