S DARSHAN SINGH KOHLI Vs. KUSUM ANAND

JUDGEMENT

(1.) The present suit is filed by the plaintiffs for recovery of possession and mesne profits and for issuance of perpetual injunction. The following reliefs are prayed: (a) Possession of the suit premises be delivered to the plaintiffs; (b) Perpetual injunction be issued against the defendant not to use the premises for any purposes other than for residence of the defendant and/or for members of her family and not to run any school over there; (c) Mesne profit @ Rs. 3,000.00 per month w.e.f. January 1, 1978 be allowed until possession of the premises is restored back to the plaintiffs and interest @ 12% per annum be awarded thereon until recovery of the same.

(2.) The brief facts of the case are that the plaintiffs are owners of the property bearing No. 1/5, West Patel Nagar, New Delhi. This is a double storey house which the plaintiffs purchased from M/s Jawahar Mal & Sons some time in the year 1961. The land on which the said house was constructed was given on lease by the President of India to M/s Jawahar Mal & Sons vide lease deed dated January 24, 1961, registered as document No. 100 in supplementary book No. Volume 43, on pages 21-23 on January 27, 1961 subject to convenants and conditions therein contained on the part of the lessees or their successors to be observed and performed. The salient terms of the lease-deed are referred to in sub paragraphs I and II of para 2 of the plaint and it will not be necessary to reproduce the same herein.

(3.) The above said property was let out by the plaintiffs to National Cadet Corps (NCC) about 10 years prior to the filing of the present Suit and since the property could not be used for purposes other than residence, the Delhi Development Authority (for short DDA) objected to the non-residential user of the building. The D.D.A. the lodged complaint against the present plaintiffs under Section 29(2) read with Section 14 of the Delhi Development Act, 1957 some time in 1974 and the plaintiffs were eventually convicted on April 21, 1976 and were ordered to pay a fine of Rs. 1,000.00 each.