JUDGMENT
Sat Pal, J.
(1) This is a suit filed on behalf of the plaintiff against the defendants for recovery of Rs. 18,000.00 and for recovery of the possession of part of the property bearing No.R-612, New Rajinder Nagar, New Delhi. Summons in the suit were issued to the defendants. Thereafter defendant No.3 filed written statement on 13/12/1989. Since the defendants 1 and 2 failed to appear despite service and did not file any written statement, they were proceeded against ex-parte vide orders passed on 13/12/1989. Vide order dated 8/11/1990 the plaintiff was permitted to lead ex-parte evidence. Pursuant to this order, the plaintiff filed affidavit by way of evidence on 13/05/1991.
(2) Mr. Kapur, learned Counsel appearing on behalf of the plaintiff submits that the relief for recovery of possession of the suit property has become infructuous as during the pendency of the suit the defendants 1 and 2 have already handed over the possession of the suit property on 16/07/1991. He has also drawn my attention to the written statement filed on behalf of the defendant No.3 wherein it has been stated that the defendant No.3 is the owner of the other half of the property bearing No.R-612, New Rajinder Nagar, New Delhi. Defendant No.3 has, however, admitted that the 1 /2 portion of the said property is owned by the plaintiff.It has also been slated in the written statement filed on behalf .of defendant No.3that defendants 1 & 2 were in occupation of a part of the suit property belonging to the plaintiff.
(3) I have heard the learned Counsel for the plaintiff and have perused therecords. From the.plaint, I find that the plaintiff has claimed the damages @ Rs.500.00 per month for use and occupation of the suit property Along with interest against the defendants 1 &: 2. The averments and allegations made in the plaint have been duly proved by the plaintiff by his affidavit filed on 13/05/1991.Defendants 1 & 2 have not filed any written statement to controvert the averments and allegations made in the plaint. Hence, the plaintiff is entitled to succeed in this suit for recovery of damages. Accordingly, I pass a decree in favor of the plaintiff and against the defendants 1 & 2 for recovery of a sum of Rs. 18,000.00 with costs.The-plaintiff will also be entitled to recover from the defendants 1 & 2 mesne profit@ Rs. 500.00 from the date of filing of the suit till 15/07/1991 subject to payment of the requisite Court fee. The plaintiff is granted two months time to deposit the balance Court fee. Let the decree be drawn accordingly.