KISHAN CHAND Vs. DENA BANK
LAWS(DLH)-1999-8-7
HIGH COURT OF DELHI
Decided on August 04,1999

KISHAN CHAND Appellant
VERSUS
DENA BANK Respondents

JUDGEMENT

S.K.Agarwal,J. - (1.)This appeal is against the judgment and decree dated 28th September, 1974 whereby Mr. P.L. Singla,Additional District Judge dismissed the suit filed by the appellants (plaintiffs) for recovery of Rs. 28,000.00 against the respondent (defendant).
(2.)Brief facts are that the appellants filed a suit on the allegations that, they had given ground floor and second floor of the premises No. 1-C, Ram Nagar.Qutab Road, New Delhi on licence toone I.S. Hassanwalia at the monthly rate of Rs.l800.00 for a period of 11 months commencing from 14th September, 1970; on 6th August, 1971 they served a notice on the licensee terminating his licence and calling upon him to surrender the vacant possession of the said property by 13th August, 1971 and for payment of arrears of licence fee, etc. It was further alleged, in the meantime, as the respondent/Bank had unauthorisedly entered upon the ground floor of the premises, therefore, a copy of the notice was also sent to them: respondent/Bankcontinued to be in illegal and unauthorised possession of the ground floor from 18.8.1971 to 30.3.1973. The appellants claimed damages from respondent/Bank for use and occupation at the rate of Rs. 1400.00 per month for 20 months amounting to Rs. 28,000.00 .
(3.)In the written statement filed by the respondent/Bank, it is pleaded that at no point of time there was relationship of landlord and tenant between them and the appellants; that they were never in constructive or physical possession of the premises; the goods stored in premises in question belonged to I.S. Hassanwalia and the Bank, had a first charge on the same : the premises were in actual possession and tenancy of I.S. Hassanwalia who alone was liable to pay rent to the appellants; the suit was bad for nonjoinder of necessary parties and the plaint did not disclose any cause of action against the respondent.


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