M L DHAWAN Vs. CAPRI LIMITED

JUDGEMENT

(1.) This appli- cation for a certificate for appeal to the Supreme Court had been dismis- sed f(r default in appearance by us on 10th July, 1967, but was restored on 14th July, 1967.

(2.) The present application aiises out of a suit instituted bvMessrs Capri Ltd., against five defendants, ths present petitioner Shri M. L. Dhawan being defendant Mo. I on the allegation that the defendant was employed by the plaintiff-company as Manager of its business and allow- ed to occupy room No. 9 in the second floor by virtue of his sevice as an employee of the plaintiff and that on the termination of his services on 31st July, 1952, he was no longer entitled to occupy room -No. 9. In regard to room) No. 12, it was aveired that defendant No. 1 had forcibly taken possession of this room. The suit was for possession of rooms Nos. 9 and -12 in the Regal Buildings, New Delhi and also for a decree for Rs. 1,600.00 on account of damages for use and occupation of these two rooms.

(3.) The written statement by defendants Nos, I to 3 put forth the plea, inter alia, that defendant J\o. I was in the service of the plaintiff for a short while, but aince the plaintiffs company's business was small, it let out the first floor to the Standard Restaulant and entered into an arrangement with defendant No. l in regard to the second floor of that building, whereby all the rooms on that floor, except rooms Nos. I and 2, already let out to Messrs New 'India and Messrs Standard Restaurant, were handed over and placed In the exclusive possession, control and management of defendant No. 1 as a lessee who agreed to pay a net sum of Rs. 500.00 per month as rent of those rooms to the plaintiff with full authority to sublet those rooms on board and lodging basis or other- wise.