UNION OF INDIA Vs. ASHWINI KUMAR NIM

JUDGEMENT

(1.) The proceedings for recovery of damages were initiated before the Estate Officer against the original allottee-Mr. Rama Nand and Mr. Ashwini Kumar Nim. It was alleged that Mr. Rama Nand had sublet the property No. 3A, Vasant Vihar, New Delhi and was receiving consideration in form of rent from Mr. Ashwini Kumar Nim.

(2.) The Estate Officer, however, dismissed the proceedings against Mr. Rama Nand and passed an order against Mr. Ashwini Kumar Nim directing him to pay Rs. 1,48,444/- as damages on account of unauthorized occupation of the property.

(3.) Mr. Ashwini Kumar Nim had filed an appeal before the learned Additional District Judge. Learned Additional District Judge has allowed the said appeal vide order dated 11th April, 2007. In this order, learned Additional District Judge has noticed that the charge of subletting was undisputed as Mr. Ashwini Kumar Nim had admitted that he was sharing the said premises with Mr. Rama Nand but had alleged that Mr. Rama Nand had cheated him by representing that he had obtained permission from the department. Mr. Ashwini Kumar Nim had further alleged that he had paid Rs. 5,000/- per month to Mr. Rama Nand.