SHRI NAZAKAT ALI Vs. RAHMAT ILLAHI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 02.7.2009 which has endorsed the finding of the trial judge dated 02.4.2008 whereby the suit filed by the Plaintiff Rahmat Illahi seeking possession of the suit property bearing No. Y -39, Ground Floor, LIG, DDA Flats, Ranjeet Nagar, New Delhi had been decreed in his favour. Mesne profits granted by the trial court @ Rs. 2000/ - per month w.e.f. 01.2.2000 till the date when the premises are vacated had been modified by the impugned judgment. The impugned judgment had granted mesne profits @ Rs. 2000/ - per month w.e.f. 02.4.2008 (i.e. from the date of judgment of the trial court) and damages @ Rs. 5000/ - w.e.f. 2.7.2009 till the date of delivery of possession; in case the Defendant failed to hand over the possession of the suit property to the Plaintiff within 30 days then the entire amount shall also carry interest @ 18% per annum from 02.4.2008.

(2.) THIS is a second appeal. It is yet at the stage of its maintainability. It is pointed out that the judgments of two courts below suffer from perversity as decree for possession could not have been granted in favour of the Plaintiff in view of the specific averments made by the Plaintiff that this property had been allotted to the Plaintiff under Section 3 of the Government Grants Act 1895; the Plaintiff himself was a mere licence having a limited right and interest in the property; he could not seek possession from the Defendant. This has raised a substantial question of law and has remained unanswered by the two courts below.

(3.) ARGUMENTS have been urged on this point alone.