KUSUM ANAND Vs. MOHINDER KAUR

JUDGEMENT

(1.) This appeal by the defendant/appellant is directed against the judgment of a learned Single Judge dated 22nd August, 1997 whereby the suit of the plaintiffs/ respondents for possession of the ground floor of property bearing No. 1/5, West Patel Nagar, New Delhi and mesne profits @ Rs. 3,000.00 per month from January 1, 1978 was decreed.

(2.) Suit for recovery of possession and mesne profits etc. was filed, inter alia, alleging that the plaintiffs purchased property bearing No. 1/5, West Patel Nagar from M/s. Jawahar Mal & Sons sometime in 1961. The land underneath the property was given on lease by the President of India to M/s. Jawahar Mal & Sons under a lease-deed dated 24th January, 1961, registered as document No. 100 in supplementary book Vol. 43, on pages 21 to 23 on 27th January, 1961. After purchase, said property was let out by the plaintiffs to National Cadet Corps. As the property was being used by National Cadet Corps for the purposes other than residence, the DDA lodged a complaint against the plaintiffs under Section 29(2) read with Section 14 of DDA Act, 1957 sometime in 1974 and the plaintiffs were eventually convicted on April 21, 1976 and were ordered to pay fine of Rs. 1,000.00 each. In view of the mis-user of the property by National Cadet Corps, the plaintiffs filed an application for eviction under Section 14(1 )(a), (c) & (k) of the Delhi Rent Control Act, 1958 against UOI & Others. Realising that property could not be put to non-conforming use, the National Cadet Corps vacated the property on 31st August, 1977.

(3.) It is stated that the plaintiffs had appointed D.K. Chadha as attorney to conduct the said eviction case and the defendant got in touch with him and asked to let her out the ground floor of the property on a monthly rent of Rs. 3,000.00 for the purpose of residence. She also addressed a letter dated 28th October, 1977 to the plaintiffs in the matter. Plaintiffs, however, did not reply to the tetter. On 16th November, 1977 defendant paid a sum of Rs. 3,000.00 to said D.K. Chadha as attorney of the plaintiffs towards one month rent in advance against a receipt. Since the plaintiffs resided and carried business in Calcutta, said D.K. Chadha while accepting the advance rent told the defendant that the same was subject to the confirmation by the plaintiffs or their son Sharanjeet Singh as he was not competent to let out the property on his own and she will have to execute a lease deed. As the defendant was to occupy the ground floor portion of the said property w.e.f. 1st January, 1978, she requested D.K.Chadha a week of so before that date to allow her to have the furniture/fixture prepared in the verandah of the property to which he agreed.