PUTTA BHATTA N V Vs. P UTTAMCHAND

JUDGEMENT

(1.) 1. This appeal is by ihe plaintiff and it has been argued, in person by the plaintiff He filed original suit No. 3090 of 1983 inter alia claiming recovery of possession of the plaint schedule property and for damages at the rate of Rs. 2630/- p m. from 24-7-1983 till date of delivery of possession.

(2.) The allegations were that the defendant misrepresented and obtained on false representation permission to occupy the first floor of the suit premises belonging to the plaintiff holding out false premises and turned out to be a nuisance and did not vacate the premises despite the several notices got issued by the plaintiff. Therefore, he prayed for a decree for recovery of possession and also for damages for unauthorised occupation of the premises by the said licencee, the defendant.

(3.) Suit has been decreed but number of other claims made by the plaintiff including the quantum of damages per mensum for occupation has been reduced to Rs. 1,500/- per mensum. Therefore, the present appeal is filed seeking enhancement of the damages awarded for unauthorised occupation from Rs. 1,500/- to Rs. 2,630/-.