Metal Box India Ltd. vs T.K. Sehgal & Sons (Huf) & Ors. on 26 May, 2016

2. Before giving the facts of the present case I am tempted to

reproduce the saying that ‘Fool Makes Houses and Wiseman live in

it’. This is the most apt saying in the context of the present batch of

petitions. How it is apt and fitting most appropriately to the facts

of the case will be reflected by the facts of the stance taken by the

parties. It would be pertinent here to reproduce the brief facts of the

case first.

3. One T.K. Sehgal and sons (HUF) through its Karta

Respondent/plaintiff No.1 (herein) filed a suit for possession and

damages against Metal Box India Limited, formerly known as

Metal Box of India Limited, registered office at Allahabad Bank

Building, 2nd Floor, 17, Parliament Street, New Delhi claiming the

possession of the Northern portion of the property No.4, Sardar

Patel Marg, New Delhi, comprising ground floor, first floor and

Barsati floor along with four servant quarters and two garages, etc.

on a monthly rent of Rs.4360/- exclusive of water and electricity

charges. In addition to this, a decree for a sum of Rs.50,000/- by

RFA 97/2012 Etc Page 3 of 36
way of damages for use and occupation was also claimed for the

period from 01.06.1991 to 30.06.1991 as well as future

damages/mesne profits at the aforesaid rate till the actual

possession of the premises is delivered. It was the case of T.K.

Sehgal and Sons and they had let out the aforesaid property to the

appellant/Metal Box on a monthly rent of Rs.4360/- and the

tenancy month was to commence from first of each English

calendar month and to end with the last day of English Calender

month. The respondent/plaintiff had terminated the tenancy of the

appellant/Metal Box vide notice dated 07.04.1991 which was duly

served on them on 13.04.1991 by registered post the tenancy had

been terminated w.e.f. 31.05.1991 and since they failed to vacate

the premises, a suit for possession was filed and damages at the

rate of Rs.50,000/- were claimed.

Source: Indian Kanoon

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