PRADEEP NANDRAJOG, J.

( 1 ) LATE Sh. Bansi Lal, husband of plaintiff No. 1 and father of plaintiffs 2 to 6 purchased, vide registered sale deed dated 29. 1. 1980, a plot of land bearing municipal No. 8, Sector-I, Punjabi Bagh Market, East Punjabi Bagh, New Delhi. Unfortunately for him the plot of land was under the occupation of M/s. Rama Store, defendant no. 1. It s partners were late Sh. Baij Nath, father of defendant No. 3 and kishan Chand, defendant No. 2. Late Sh. Bansi Lal could not enjoy the use of the plot. His family members have also been denied the use thereof. Present suit seeks a decree for possession against the defendants in respect of the plot in question. Mandatory injunction is prayed for against the defendants directing them to remove the goods stored/stacked by them on the suit land. Damages from 3. 5. 1997 to 28. 2. 2000 in sum of Rs. 16,91,666/- and damages in sum by Rs. 1,89,000/- from 29. 2. 2000 to 2. 5. 2000 are claimed. Damages for continued unauthorised occupation during pendency of the suit and thereafter till possession is delivered are also prayed. Needless to state, according to the plaintiffs, defendants are in unauthorised occupation of the plot in question.

( 2 ) THE facts leading to the filing of the suit may be noted with a little more detail.

( 3 ) SH. BAIJ Nath, father of defendant No. 3 and Sh. Kishan Chand, defendant no. 2 were carrying on business under the name and style of M/s. Rama Store from shop No. 1-A, East Avenue Market, Punjabi Bagh, New Delhi. Late Sh. Bansi lal purchased the suit land in an open auction held on 18. 4. 1965 by the Refugees Co- operative Housing Society Limited. He paid 1/4th sale price. Execution of the sale deed was held-up as the society had not obtained requisite sanctions from the municipal Corporation of Delhi. Partners of M/s Rama Store utilised the suit land as it was adjacent to the shop from where they were carrying on business under the name and style of M/s. Rama Store. Regular sale deed was executed by the Refugees cooperative Housing Society Limited in favour of Sh. Bansi Lal on 29. 1. 1980. Prior thereto, on 26. 8. 1979 the partners of M/s Rama Store gave a written undertaking to late Sh. Bansi Lal that they would vacate the suit land as and when it was so desired by late Sh. Bansi Lal. Partners of M/s Rama Stores had stocked certain building material and hardware etc on the plot as business of the partnership was sale of hardware items. Occupation of the plot continued post 29. 1. 1980. On 31. 10. 1980, late Sh. Bansi Lal entered into an agreement to sell in favour of M/s. Rama Stores, agreement being in respect of the suit land. He received a sum of Rs. 10,000/- towards earnest money. Sale could not go through. As per the plaintiffs there was litigation within the family of late Sh. Bansi Lal which hampered the execution of the sale deed. Defendants alleged that they were ready and willing to complete the sale formalities but late Sh. Bansi Lal evaded execution of the sale deed. Late Sh. Bansi lal returned the earnest money on 31. 12. 1980 by and under a bankers cheque. Defendants refused receipt of the said bankers cheque.

( 4 ) NEITHER late Sh. Bansi Lal took recourse to any legal proceedings for avoiding the agreement to sell, in that, he never sought a declaration that the said agreement stands frustrated, nor did the defendants seek specific performance of the agreement to sell. In the year 1982, late Sh. Bansi Lal filed a suit for recovery of rs. 2,000/- against M/s Rama Stores and its two partners for damages on account of unuthorised use and occupation of the suit land. Suit was filed on 2. 2. 1982. Damages were claimed at the rate of Rs. 500/- per month from 1. 2. 1980 to 31. 1. 1982 amounting to Rs. 12,000/ -. It was stated in the plaint that after adjusting the earnest money received in sum of Rs. 10,000/-, plaintiff was entitled to a decree in sum of Rs. 2,000/ -.

( 5 ) M/s. Rama Store and its two partners took a defence under the

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