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1991 Supreme(Del) 645

D.K.JAIN, D.P.WADHWA
ARJAN DEV – Appellant
Versus
OM PARKASH – Respondent


Advocates Appeared:
G.R.CHHABRA, R.K.MAKHIJA, S.C.Arora

D. P. WADHWA

( 1 ) THIS is an appeal by the defendant against the judgment and decree dated 6 July 1991 of the Additional District Judge whereby the suit of the plaintiff for possession and for damages amounting to Rs. 2,250. 00 was decreed being the mesne profits from the date of notice till date of filing of the suit with proportionate costs. The defendant was further directed to pay future damages at the rate of Rs. 500. 00 per month w. e. f. 9 March 1987 till the date of decree amounting to Rs. 26,000. 00 and covering the period up to 8 July 1991 provided the plaintiff makes up the deficiency in court fee. It was also ordered that the defendant shall pay further mesne profits till the date he vacates the suit property.

( 2 ) THE plaintiff filed the suit for recovery of possession and mesne profits amounting to Rs. 18,000. 00 against the defendant who is his younger brother. The plaintiff said he was the owner of property bearing No. 4d/37, Old Rajinder Nagar, New Delhi, which he had purchased from the Ministry of Rehabilita- tion, Government of India, New Delhi. A perpetual lease deed respecting the land underneath was executed in his favour on 22 January 1970 and was duly regis
















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