PAWANDEEP SINGH Vs. GURDEEP SINGH VIRDI

JUDGEMENT

(1.) The present appeal has been preferred by the appellants/defendants against the judgment dated 27.04.2018 passed by the Ld. Single Judge in CS(OS) No.43/2018, decreeing the suit for possession in respect of Flat no.2, 1st Floor, Property no. M-5, Greater Kailash-I, New Delhi instituted by the respondent/plaintiff, under Order VIII Rule 10 of the Code of Civil Procedure, 1908 ('CPC'). The appellants are the son and daughter-in-law of the respondent. The ld. Single Judge also granted mesne profits/damages in favour of the respondent for the use and occupation of the suit premises against the appellants @ 50,000/- per month from the date of institution of the suit i.e. 01.02.2018, till the delivery of possession.

(2.) The appellants were served with the summons in the suit on 08.02.2018. The statutory period of 30 days available for them to file the written statement expired on 09.03.2018. The maximum period of 90 days available in law reckoned from 08.02.2018, expired on 09.05.2018. In the interregnum, the appellants entered appearance before the Joint Registrar on 26.02.2018 and were given time of 30 days to file their written statement. The period of 30 days reckoned from 26.02.2018, expired on 27.03.2018. However, the appellants did not file their written statement within the extended time of 30 days granted by the Joint Registrar.

(3.) When the suit was listed before the learned Single Judge on 15.03.2018, the Court noticed that the appellants had not filed their written statement. Instead, learned counsel sought an adjournment. In the interest of justice and to avoid any technicality by passing a decree for possession against the appellants, on the very same date, learned Single Judge deferred orders to await the written statement of the defendants till 25.03.2018. By the same order, the appellants were also directed to deposit in Court, a sum of Rs.50,000/- per month w.e.f. 01.02.2018 i.e., from the date of institution of the suit, towards use and occupation of the suit premises.