JUDGMENT

Shah, J.-Leave granted.

2. In the High Court of Delhi, plaintiff filed Civil Suit No. 28/78 for possession of the ground floor of the property bearing No. 1/5 West Patel Nagar, New Delhi and mesne profits @ Rs. 3000/- per month from 01.01.1978. The learned Single Judge decreed the said suit by judgment and decree dated 22.8.1997. Defendant preferred RFA (OS) No. 45 of 1997 before the Division Bench. That appeal was allowed by judgment and decree dated January 28, 1999 and the same is challenged by the plaintiff by filing this appeal by special leave.

3. Plaintiff filed suit for recovery of possession and mesne profits inter alia alleging that plaintiff purchased the suit property from M/s. Jawahar Mal & Sons sometime in the year 1961. M/s. Jawahar Mal & Sons were the lessees of the land underneath the suit property. After purchase of the said property, it was let out by the plaintiff to National Cadet Corps. (NCC). As the property was being used by NCC for the purposes other than residence, the DDA lodged a complaint against the plaintiff under Section 29(2) read with Section 14 of the DDA Act, 1957 sometime in 1974. The running of office by NCC in the building in question was proved beyond doubt, and, therefore, the Metropolitan Magistrate by order dated 21.4.1976 convicted the plaintiff for the said offence by holding that the building in question can be used only for residential purpose as it is in the residential zone of the Master Plan of Delhi. In view of the aforesaid non-confirming user of the property by NCC, the plaintiff filed an application for eviction under Section 14(1)(a), (c) & (k) of the Delhi Rent Control Act, 1958 against Union of India and others. Realising that the property cannot be put to non-confirming use, the NCC vacated the property on 31.8.1977. In those proceedings, one D.K. Chadha, employee of plaintiff s firm was appointed as power of attorney to conduct the eviction proceedings against NCC and others.

4. It is the case of the defendant that she got in touch with Mr. D.K. Chadha and asked to let her out the ground floor of the property on a monthly rent of Rs. 3000/- for the purpose of residence and D.K. Chadha as power of attorney accepted the defendant as a tenant by accepting rent of Rs. 3000/- per month for which a receipt dated 16.11.1977 was issued. It is the case of the defendant that since the plaintiff resided and carried business in Calcutta, D.K. Chadha before accepting the advance rent told her that the same was subject to confirmation by the plaintiff or her 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. 1.1.1978, she requested D.K. Chadha a week or so before that date to allow her to have the furniture/fixture prepared in the verandah of the property to which he agreed.

5. It is the plaintiff s case that on 29.12.1977 when Sharanjeet Singh (son of the plaintiff) visited the property, he found that defendant had entered into the ground floor portion by getting the keys of the outer door from the chowkidar. Sharanjeet Singh closed the outer door and put a lock on it. In the absence of Shranjeet Singh and D.K. Chadha, the defendant put her lock over the lock of the plaintiff on the outer door. Thereafter, Sharanjeet Singh contacted the defendant and asked her to remove her belongings from the property but she declined to do so. Hence, he issued notice by telegram on 31.12.1977 and lodged FIR for criminal trespass.

6. On 2nd January, 1978, defendant filed a civil suit in the Court of Senior Sub Judge at Delhi for injunction retraining the plaintiff from disturbing her possession except in due process of law in respect of whole of the ground floor of the suit premises by contending that the tenancy was created in her favour from 1.2.1977 at a monthly rent of Rs. 3000/-. Interim injunction as prayed for was granted in the said