M L DAWAR Vs. M L SETH

JUDGEMENT

(1.) This petition has impugned the order dated 14.10.2005 whereby the objections filed by the judgment debtor against the judgment and decree dated 31.08.1966 had been dismissed.

(2.) The parties are at logger-heads and are litigating against one another since 1962. The present suit had been filed in a representative capacity under Order 1 Rule 8 of the Code of Civil Procedure (hereinafter referred to as the "Code") for permanent injunction and for eviction of the Respondent from the suit premises. The Plaintiff had described himself as Rajeshwar Dayal for self and on behalf of other members of the Jamna Lodge. The Defendant had been described as the Honorary Secretary for self and on behalf of other members of the Masonic Club. Contention was that the Plaintiff owned a building known as Freemasons Lodge and is in possession of the suit property since the last several years. In 1944, the Defendant club was allowed to use a part of the premises of Freemasons Hall as a licensee on a monthly fee of Rs. 50/-; that license was initially up to 31.12.1945; license was thereafter terminated; the secretary of the Defendant club vide letter dated 13.12.1961 refused to vacate the premises; contention being that club was a tenant under the Lodge. The following issues were framed by the trial Court:

(3.) Oral and documentary evidence was led. All the four issues were decided in favour of the Plaintiff and against the Defendant; it was held that the Defendant is a licensee of the Plaintiff; there is No. bar of the Delhi Rent Control Act (DRCA); the license of the Defendant having been revoked, the Plaintiff was entitled to the relief. The judgment dated 31.08.1966 granted a decree of permanent injunction in favour of the Plaintiff and against the Defendant; the Defendant club was restrained from entering into the property in dispute.