- (1.) THE suit was instituted by the plaintiffs as landlords for ejectment of the defendant bank from mezzanine floor admeasuring 4265 sq. ft. of C-14 to c-16, Atma Ram House, Connaught Place, New Delhi, after the expiry of the term of the lease deed dated 9. 12. 1996 for a term of six years from 1. 4. 1995 to 31/3/2001 and for recovery of mesne profit/damages for use and occupation w. e. f. 1/4/2001 @ Rs. 80/- per square feet per month. The suit was instituted on 30/5/2001. The defendant filed a written statement contesting the claim of the plaintiffs. However, the parties filed IA no. 7571/2004 u/o. 23 rule 3 of the cpc, wherein the defendant gave an undertaking to vacate the premises on or before 31/8/2005. Though, there was no admission in the said application by the defendant of the entitlement of the plaintiff to a decree for ejectment/possession, but the prayer in the said application was for decree in the suit in terms of the application and for acceptance of undertaking on behalf of the defendant and for ordering an inquiry u/o. 20 rule 12 of the CPC for determination of the mesne profit from 1. 4. 2001.
(2.) THE aforesaid application of the parties for compromise came up before the court on 10/11/2004, when the application was allowed and the undertaking tendered in support of the application was accepted and the suit qua the question of vacation and possession disposed of in terms of settlement recorded in the application.
(3.) ON the next date i. e. 24/2/2005, this court again noted that on 10/11/2004 undertaking of the defendant to deliver possession had been recorded and the suit qua relief of vacation and possession the premises was disposed of and what remained to be adjudicated was the question of compensation for unauthorized use and occupation of the premises and the following issue was framed : "whether the plaintiff is entitled to claim compensation for unauthorized use and occupation/mesne profit for the demised premises ? If so, at what rate and for what period. OPP" and the matter was posted for evidence.;