BASANT & CO Vs. OSRAM INDIA PVT LTD

JUDGEMENT

(1.) Plaintiff M/s Basant & Company which is the sole proprietorship of Sh. Basant Misra has filed this suit against the defendant M/s Osram India Pvt. Ltd. for possession and mesne profits with respect to the suit premises bearing no.1/95, Market Road, New Delhi comprising of an area of 3630 sq. feet. The possession of the suit property has since been delivered by the defendant to the plaintiff, though there is no dispute as to whether possession is delivered on 10.2.2000 pursuant to the order dated 9.2.2000 passed by this Court or the possession is deemed to have been given to the plaintiff by the defendant in February, 1998. There is also no dispute that there was a relationship of landlord and tenant between the parties.

(2.) In this suit, the following issues were framed on 20.11.2006:-

(3.) Counsels for the parties agree that this Court is called upon to only decide issue nos.3 and 5 and which are being decided hereinafter.