Mukesh Kumar Dubey vs The State Of Madhya Pradesh Judgement ... on 17 December, 2013
5. The defendants filed a joint written statement to the suit
of the plaintiff wherein they denied that the defendants are
indebted to the plaintiff and liable to pay a sum of Rs.
1,18,720/- or any other amount towards remaining professional
fees to the plaintiff with or without interest. The defendants
submitted that the defendants have made payment of Rs.
Case No. 600865/16
Mukesh Kumarr Vs. Sanjay Suneja
Judgment dated 17.09.2018. Page no. 6 of 23
20,000/- vide cheque bearing No. 000787 for a sum of Rs.
5,000/- and cheque bearing No. 000788 for a sum of Rs.
15,000/- both dated 26.11.2015 towards the full and final
payment of fees/ expenses to the plaintiff. The defendants
have made payment of entire fees/ expenses, the present suit is
not maintainable and liable to be dismissed. The defendants
submitted that the defendants never agreed to pay the amount
towards the fees/ expenses as claimed by the plaintiff in the
present suit. The defendants had engaged the Plaintiff as their
counsel for filling the suit for possession, recovery of arrears of
rent, mesne profit/ damages and permanent injunction against
Punjab National Bank in Saket District Court, New Delhi.
However, the plaintiff, though in the head note of the said suit
written "Suit for possession, mesne profit, damages and
permanent injunction" but did not make any prayer for the
arrears of rent, mesne profit and damages in the said suit.
Thus, in the absence of any prayer for arrear of rent, mesne
profit and damages for illegal use and occupation, after
termination of the lease, the suit of the defendants was decreed
for possession only. Due to said negligence and carelessness of
the plaintiff, the defendants were deprived of relief of arrears of
rent, mesne profits and damages.