LILA SARDANA Vs. PREMJUS ROY

JUDGEMENT

(1.) This second appeal arises out of a suit which was instituted, on April 20, 1966 by Shri Premjus Roy against Shrimati Lila Sardana and Surinder Kumar. The suit was for possession of a flat on the second floor of building No. 6/3, Original Road (DeshBandhu Gupta Road), Paharganj, New Delhi, and for recovering Rs. 940 as dam ages.

(2.) On February 28, 1967 Shri R. L. Gupta, Subordinate Judge First Class, Delhi, decreed the suit for possession of the flat in dispute and allowed damages to the extent of Rs. 675.00 on account of use and occupation of the flat from the 3rd July 1965 to 3rd April 1966 at the uniform rate of Rs. 75.00 per month. The defendants filed an appeal against the decree of the Subordinate Judge which was dismissed by Shri J. D. Jain, Additional District Judge, Delhi. Thereafter the present second appeal was preferred in this Court.

(3.) According to the averments contained in the plaint the flat in dispute was given on lease for a period of three months, commencing from the 4th September 1952, to Shri Charanjiv Lal Sardana. Even after the expiry of the period of lease Shri Charanjiv Lal Sardana did not vacate the flat but continued to occupy it. By a notice dated the 26th August 1956 the landlord called upon him to vacate the premises by the end of the 3rd October 1956. Even then he continued to occupy the flat.