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2009 Supreme(Del) 891

S.MURALIDHAR
D. M. H. P. Sales Ltd. – Appellant
Versus
New Howrah Transport Company – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Gagan Gupta, Adv.
For Respondents/Defendant: Amit Singh, Adv. for D-1 and Paritosh Budhiraja, Adv. for D-2

JUDGMENT

S. Muralidhar, J.

1. This is a suit for recovery of possession and damages by way of mesne profits/occupation charges.

2. The case of the Plaintiff is that it is a limited company registered under the Companies Act, 1956 and owner of property at 1, old Municipal No. 1616 (front and rear) and new Municipal No. 1704, S.P. Mukherjee Marg, Queens Road, Delhi110006 (hereinafter referred to as the suit property). The Plaintiff purchased the suit property from Shri Suresh Chandra Jai Narain Gupta by sale deed dated 22nd July 1975. The suit property was mutated in the name of the Plaintiff in the municipal house tax record in April 1989.

3. It is stated that prior to the said purchase by the Plaintiff, the Plaintiff as well as M/s P.S. Jain and Sons were tenants in the suit property. In 1971 P.S. Jain and Sons merged with M/s Universal Industries Pvt. Ltd. One R.C. Jain was the Director both in the Plaintiff as well as Universal Industries Pvt. Ltd. It is stated that P.S. Jain and Sons being the sister concern of the Plaintiff, its tenancy rights got merged in the ownership rights of the Plaintiff after the suit property was purchased by the latter in 1975.

4. It is stated that R.C

























































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