MOTOR AND GENERAL FINANCE LIMITED Vs. NIRULAS

JUDGEMENT

(1.) The plaintiff has filed this suit for recovery of possession in respect of Premises No.9283 & 3089 (Old) - N-1 And N-5/2 (New) in the property known as "N" Block, Connaught Place, New Delhi (hereinafter to be called as "suit property" for short).

(2.) While the suit is pending adjudication, this IA N0.14256/92 has been filed by the plaintiff seeking direction to the defendants to deposit a sum of Rs.18 lakhs for wrongful use and occupation of the premises in question with further direction to the defendants to deposit a sum of Rs.50,000.00per month as damages till the disposal of the suit. For determining the issue involved in this IA, it would be appropriate to have a glance at the pleadings.

(3.) The plaintiff claims to be the owner of the suit property which was purchased by the plaintiff in an open auction dated 16/3/1961 by the Ministry of Rehabilitation through Chief Settlement Commissioner, Department of Rehabilitation (Now Ministry of Home Affairs). The provisional possession of the suit property was delivered to the plaintiff vide letter dated 13/3/1962 by the Managing Officer of the Office of Regional Settlement Commissioner. Intimation to this effect was given to the Secretary, Delhi Development Authority as well as Land and Development Officer (Nirman Bhavan) by letters dated 10/8/1965 and 10/5/1968. At the time of purchase of this property by the plaintiff, it was in occupation of various tenants and unauthorised occupants. Attornment letter dated 20/3/1962 was duly issued to the plaintiff by the Office of Settlement Commissioner giving the names of the tenants/unauthorised occupants in the premiss. These names as per the said letter are as under: 1. M/s.Roy & James. 2. M/s.Edde Tailors, 3 3. M/s.Roy Brothers. 4. M/s.S.S.Bali. 5. M/s.B.R.Chopra. 6. M/s.Metro Hotel.