SHRI ANIL KUMAR AND ANR. Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 27.04.2007 which had reversed the findings of the trial Judge dated 31.05.2006. Vide judgment and decree dated 31.05.2006 the suit filed by the Plaintiff Savitri Devi seeking permanent and mandatory injunction to the effect that the Defendant be directed to vacate the suit property (i.e. property bearing plot No. 46 -B situated at Village Karkardooma in abadi of Vishwas Nagar, Illaqa Shahdara) as also for payment of license fee had been dismissed. The impugned judgment had reversed this finding. The suit of the Plaintiff stood decreed.

(2.) THE Plaintiff was the wife of Kishan Chand. First wife of Kishan Chand, Ram Devi (the mother of the Defendant) had expired, pursuant thereto the Plaintiff had married Kishan Chand. This was on 06.02.1972. The Plaintiff and the Defendant were living together in the said house. The accommodation comprised of only 50 square yards. A further piece of 200 square yards was purchased by the Plaintiff with the help of her husband Kishan Chand; documents were executed in favour of the Plaintiff; construction was raised upon the property. Since the earlier property which comprised of 50 square yards was falling short for the Defendants, the Plaintiff permitted Defendant No. 1 on a license basis to occupy a portion of this property on a license fee of Rs. 1,200/ - per month. License fee was thereafter enhanced to Rs. 2,000/ - and then to Rs. 3,000/ - per month. Defendant No. 2 was also permitted as a licensee to occupy the said portion of the suit property; the initial license fee was enhanced to Rs. 2,000/ - per month. Thereafter both the Defendants stopped paying the license fee to the Plaintiff from September, 1998; they created nuisance and misbehaved with the Plaintiff; inspite of requests, they did not vacate the suit property. Suit was accordingly filed.

(3.) STAND of Defendant No. 2 was also more or less the same.