GIRWAR SINGH Vs. RAMJAS FOUNDATION

JUDGEMENT

(1.) THIS second appeal has impugned the judgment and decree dated 22.10.2008 which had endorsed the judgment and decree of the Trial Court dated 12.12.2005 decreeing the suit of the plaintiff for damages.

(2.) THE plaintiff /respondent i.e. the Ramjas Foundation had filed a suit for recovery of possession and damages of suit property i.e. land measuring 100 sq. yards housing Jhuggi No. A -17, Punjabi Basti, Anand Parbat, Delhi, a part of Khasra No. 367 in village Chokri Mubarikabad, Delhi. The defendant was stated to be a licensee in terms of a license deed dated 1.12.1979; license fee was Rs. 25/ - per month. Defendant had been irregular in making payment of license fee. The license deed was cancelled vide legal notice dated 4.5.1987. Damages amounting to Rs. 375/ - as also future damages for use and occupation of the land @ Rs. 2/ - per sq. yard per month were claimed.

(3.) THE licence deed had been proved before the Trial Court as Ex.PW -1/1; the site plan of the suit property had been proved as Ex.PW -2/7. Issue No. 3 was answered against the plaintiff; he was held not to be the owner of the suit property. In the course of the proceedings before the Trial Judge the relief for possession had been given up by the plaintiff. He had confined his claim only to damages/mesne profits. Issue No. 5 was accordingly not answered. All the other issues were decided in favour of the plaintiff and against the defendant. The Trial Court endorsed the finding that the execution of the license deed Ex.PW -1/1 had not been specifically denied by the defendant. The relationship of landlord and tenant in terms of Section 116 of the Evidence Act was established. A decree for arrears of license fee in the sum of Rs. 375/ - along with interest 9% per annum as also a decree for damages at the rate of Rs. 2/ - per sq. yard qua the suit premises in terms of site plan Ex.PW -2/7 was passed from the date of the filing of the suit till realization.