CHANDER MOHAN CHADHA Vs. SINGER INDIA LTD.

JUDGEMENT

(1.) The five plaintiffs namely Chander Mohan Chadha, Chuniawati Chadha, Kamlesh Sawhney, Poonam Sawhney and Archna Mamgain, on 26th Oct., 1990, instituted this suit against the Indian Sewing Machine Company Limited for recovery of possession of shop No. 13/14 (Private No. 15) situated in Block-C, Connaught Place, New Delhi and for recovery of Rs. 2,000.00 per day as damages for unauthorised use and occupation by the defendant Indian Sewing Machine Company Limited of the said premises, pleading (i) that the predecessor-in-title of the plaintiffs had let out the subject shop to Singer Sewing Machine Company, USA on a monthly rent of Rs. 1,200.00 per month; (ii) that Singer Sewing Machine Company, USA left the premises in question; (iii) that the defendant Indian Sewing Machine Company Limited was incorporated under the Indian Companies Act, 1956; (iv) that the defendant Indian Sewing Machine Company Limited is a different legal entity from Singer Sewing Machine Company, USA; (v) that Singer Sewing Machine Company, USA left the premises in Jan., 1982 and the defendant Indian Sewing Machine Company Limited came into possession of the premises without the consent, permission or authority of the predecessor-in-title of the plaintiffs; (vi) that the defendant Indian Sewing Machine Company Limited is a trespasser and an unauthorised occupant in the premises; and, (vii) that the defendant Indian Sewing Machine Company Limited is in occupation of the premises ad measuring 1200 sq. ft., market letting value whereof was @ Rs. 50.00 sq. ft. per month.

(2.) The suit was entertained.

(3.) The defendant Indian Sewing Machine Company Limited, instead of filing written statement, filed an application under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (CPC). However the said application was withdrawn with liberty to take all pleas in the written statement.