BRIJ KISHORE MISHRA Vs. RAJENDRA PD SHARMA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 05.03.2011 which has endorsed the finding of the trial Judge dated 25.08.2010 whereby the suit filed by the plaintiff Rajendra Prasad Sharma seeking possession and damages qua the suit property i.e. property bearing No. K-412, Gali No. 7 Gautam Vihar, Ghonda, Delhi had been decreed in favour of the plaintiff.

(2.) THE plaintiff claimed himself to the owner of the aforenoted suit property; erstwhile owner was Durga Devi; plaintiff had by virtue of a Will dated 11.10.2004 of Durga Devi become the owner of the suit property. Contention was that the erstwhile owner Durga Devi had permitted the defendant to occupy one room in the aforenoted suit premises (as depicted in red colour in the site plan); this was for a period of two months only on the specific request of the defendant; permission had been granted as the brother of the defendant was known to Durga Devi. Inspite of requests of the plaintiff asking the defendant to vacate the suit property, he did not do so. Present suit was accordingly filed.

(3.) THIS finding was endorsed in the first appellate court.