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 w