INDER SAIN BEDI Vs. CHOPRA ELECTRICALS

JUDGEMENT

(1.) This is an appeal filed by the appellant (hereinafter referred to as "plaintiff") against the order dated 9th July, 1998, passed in IA No.2436/1994 in Suit No.519/1994, dismissing the application under Section 151 of the Code of Civil Procedure for fixing an interim amount as damages/mesne profits payable to the plaintiff with the direction to the respondent (hereinafter referred to as "defendant") to pay the same every month to him. The main suit was filed by the plaintiff for recovery of possession, mesne profit and injunction etc.

(2.) The case of the plaintiff in the trial court was that the plaintiff is the owner of a commercial property bearing no. B-59/1, Narayana Industrial Area, Phase-II, New Delhi. According to him, the defendant had taken on rent a portion of the said property shown "green" in the plan attached to the plaint on 26th May, 1980, and from 1st May, 1981, each time for a period of 11 months at the rent of Rs.4,500/- per month.

(3.) It was averred in the plaint that the defendant in the year 1983 encroached upon the other portion of the property in an area approximately 3193 sq. ft. detailed in para 8 of the plaint and shown "red" in the plan. It was also learnt that he unauthorizedly made some construction in the said portion.