MUNNA LAL Vs. OM PRAKASH KAPOOR

JUDGEMENT

(1.) This appeal has impugned the judgment and decree dated 6.4.2009 which had endorsed the finding of the trial judge dated 7.1.2008 whereby the suit of the plaintiff Om Prakash Kapoor had been decreed in his favour.

(2.) Om Prakash Kapoor claimed to be the owner of the suit property bearing no.4773, Mittra Gali, Roshanara Road. He had inducted the defendant/appellant Munna Lal as a licensee in the year 1986. Munna Lal was his employee and was residing at his house at 9/6, Double Storey, Vijay Nagar, Delhi since 1972. His wife was murdered on 18.1.1996. Pursuant thereto the plaintiff on sympathetic consideration permitted the defendant and his four minor children to occupy the first and second floor of his property. The defendant had obtained two rent receipts dated 5.2.1982 and 4.1.1982 for the purpose of getting a telephone and a water connection installed in the said premises. Thereafter in the year 1983, the defendant started his own independent business. Plaintiff vide legal notice dated 19.4.1991 revoked the license of the defendant. Defendant did not vacate the suit property; he became an unauthorized occupant. Present suit was accordingly filed for possession and recovery of mesne profit/damages.

(3.) The trial judge framed eight issues. Issue no.1 and Issue no.2 related to the factum of the status of the defendant; as to whether he was a tenant or a licensee. Trial judge held the defendant to be a licensee; the rent receipts Ex.PW-1/D2 and Ex.PW-1/D-3 relied upon by him, execution of which was not disputed, were held to be documents which had been executed by the defendant in favour of the plaintiff only for the purpose to enable him to get a telephone and water connection; they did not establish the title of the defendant as a tenant; the suit of the plaintiff was decreed.