PURSHOTTAM DAS Vs. PRATIK JAIN

JUDGEMENT

(1.) RSA 107/2010.

(2.) PLAINTIFF (Respondent herein) filed a suit for possession and damages against the Defendant (appellant herein) alleging that defendant was kept as a watchman by Rakesh Kumar Jain, the then owner of property No. 1875, Gali No. 2, Kailash Nagar, Delhi, who was carrying on the business of building materials in the said premises. Defendant being watchman was given one room measuring 8 x 8 feet on licence by Rakesh Kumar. The property was subsequently purchased by the Plaintiff from Rakesh Kumar vide registered Sale Deed dated 12.5.2005. After purchase of the property, he requested the defendant to vacate the premises and also served him with a legal notice for revocation of licence dated 29.5.2006. However, defendant failed to hand over the vacant possession of the suit property. Hence, a suit for possession and damages @ Rs. 5500/ - along with interest @ 15% per annum was filed.

(3.) PLAINTIFF challenged the judgment and decree of the Trial Court dated 9.10.2009, in appeal being RCA No. 29/2009. The Appellate Court on the basis of evidence available on record allowed the appeal and set aside the judgment and decree of the Trial Court, holding that defendant was employed to keep watch over the property and was inducted as a licencee in the suit property.