CHHIDI RAM Vs. RAMJAS FOUNDATION

JUDGEMENT

(1.) THIS appeal has impugned and judgment dated 25.9.2006 which had endorsed the finding of the trial judge dated 01.12.1995 whereby the suit filed by the plaintiff Ramjsas Foundation seeking possession and recovery of damages qua the suit property i.e. Jhuggi No.F-35, Sari Rohilla, anand Parbat, New Delhi ( hereinafter referred to as ,,the suit property) had been decreed in faovur of the plaintiff.

(2.) THE case of the plaintiff as is evident from the plaint is that the plaintiff is the owner of the suit property. THE defendant was a licencee therein. License deed dated 31.12.1979 (Ex.,PW-1/6) had been executed between the parties. Defendant is unauthorisedly occupying the suit property. In para 5 of the plaint, it has been specifically averred that the licence of the defendant was terminated on 07.3.1985 vide a written notice. In spite of the said termination the defendant had failed to vacate the suit property.

(3.) ON the basis of oral and documentary evidence led by the parties, the suit of the plaintiff was decreed, which finding was affirmed by the first appeallate court.