SAGAR ENTERPRIESES PRIVATE LIMITED Vs. CANARA BANK

JUDGEMENT

(1.) By this order I shall dispose of plaintiff's application under Order 12 Rule 6 Civil Procedure Code . dated 5.7.1995 for passing a decree of possession in respect of the suit premises.

(2.) This application has arisen in a suit for recovery of possession, and for damages/mesne profits.

(3.) The case of the plaintiff is that the plaintiff have purchased the suit property from the previous four co-owners by means of a sale deed dated 30.6.1980 which was duly registered before the Sub Registrar, New Delhi on 7.7.1980. The property was interalia occupied by the defendant as a tenant on monthly rent of Rs.3,750.00 ; the tenancy premises comprised of 2500 sq. ft.; after purchase of the property defendant had attorned to the plaintiff. Tenancy of the defendant is alleged to have been terminated by means of notice dated 27.11.1992. As the defendant has not delivered the possession of the premises damages for use and occupation are claimed at the rate of Rs.30.00 per sq. ft.. Land & Development Officer under whom the land of the property is held on lease had made a demand for mis use charges and on the basis of that it is claimed that defendant is liable to pay damages as their share amounting to Rs.5,66,3143.75. Plaintiff has thus filed the present suit for possession and mis use charges and for damages for use and occupation.