Bakshish Kaur, J. - (1.) THE facts which has bearing on the decision of the question raised in the revision are that the Defendant/Respondent was put in possession of the suit property by virtue of lease deed dated 13th December, 1976. He was also permitted to construct the building over the suit property. It was agreed that Defendant No. 1 would be entitled to adjust the rent towards the costs of the building.
(2.) THE Plaintiff has filed a suit for mandatory injunction and the relief claimed therein is as under; that a decree for mandatory injunction in the following terms may be passed in favour of the Plaintiff and against the Defendants with costs of the suit: (i) Directing Defendant No. 1 to render account of the costs of the building incurred by him and to accept the balance cost of the building after adjusting the rent payable by him to the Plaintiff till date. (ii) Directing Defendant No. 1 to hand over actual /symbolic possession of the building to the Plaintiff; (iii) Directing Defendant No. 2 to pay the rent to the Plaintiff; (iv) Directing payment of cost of litigation or any other relief which this Hon'ble Court may deem fit may also be granted in favour of the Plaintiff. None has appeared on behalf of the Defendant/Respondent despite service.
(3.) I have heard Sh. Manoj Bajaj, Advocate for the Petitioner.;