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1995 Supreme(Del) 678

A.D.SINGH, M.RAO
JAGJIT COTTON TEXTLIES LIMITED – Appellant
Versus
COL. A. K. MALHOTRA – Respondent


Advocates Appeared:
ANURADHA BINDRA, B.S.BANERJI, JITENDRA KUMAR, P.P.MALHOTRA, Yogesh Malhotra

Anil Dev Singh, J

( 1 ) THIS is a Regular First Appeal against the judgment and decree passed by the learned single Judge in Suit No. 548/83, dated April 9, 1991 whereby the respondent-plaintiff has been held entitled to a decree for possession in respect of premises No. C-243, Defence Colony, New Delhi and has also been held entitled to damages @ Rs. 1,500. 00 per month for the use and occupation of the premises by the appellants-defendants from the date of institution of the suit till the possession is delivered to the plaintiff-respondent. The facts giving rise to this appeal are as under:-

( 2 ) RESPONDENT is the owner of house No. C-243, Defence Colony, New Delhi. The respondent and appellant No. 1 entered into a leave and licence agreement, Ex. P 62, in respect of the premises in question.

( 3 ) BY virtue of the agreement the first appellant was given licence to use the premises for residence of any employee and his family or for purpose of company s residential house for a period of three years commencing from April 11, 1977 and ending on April 10,1980. Under the agreement the first appellant agreed to pay Rs. 1,100. 00 for the use and occupation of the premises,rs. 100. 00 fo










































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