SAVITRI DEVI Vs. FASHION LINKERS

JUDGEMENT

(1.) Plaintiff, Mrs. Savitri Devi, has filed the present suit for recovery of Rs. 7,99,500.00 besides possession of the premises No. A-51/1 Phase-I, Naraina Industrial Area (for short the premises in dispute) and for permanent and mandatory injunction.

(2.) . The relevant facts alleged are that Gian Chand was the husband of the plaintiff. He was carrying on business of printing press at Premises No. 5397, Arya Samaj Road, Karol Bagh, New Delhi in the name and style of M/s. Kisoo Mal Gian Chand. Gian Chand was also the owner in possession of the premises in dispute. He died on 13.12.1977 leaving behind his widow and an unmarried daughter Suman besides a son Girish. The entire property after the death of Gian Chand was mutated in the name of the plaintiff. He had left behind a Will dated 13.12.1977 in which he bequeathed his property in favour of the plaintiff as the absolute owner.

(3.) . It is further alleged that Gian Chand deceased was a friend of the husband of Mrs. Asha Makkar. He had approached Gian Chand in August, 1977 for allowing him the joint use of part of the premises in dispute as a licensee. The monthly licence fee was settled at Rs. 5,100.00. He had given a cheque dated 10/08/1977 in favour of M/s. Kisoo Mal Gian Chand. The permission was granted and defendant No. 1 (Fashion Linkers) became a licensee in part of the premises. Gian Chand had kept the hall and two rooms with him. The machinery of Gian Chand had been installed in the premises and the first floor remained in exclusive possession of Gian Chand. Mrs. Asha Makkar was a partner of defendant No. 1 and continued to use the premises after the death of her husband. The husband of Mrs. Asha Makkar died in September, 1981 and Mrs. Asha Makkar died in 1983.