AMIT CHANDRA Vs. K CHANDRA

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 24.5.2007 which had endorsed the finding of the trial judge dated 24.3.2005 whereby the suit filed by the plaintiff K.Chandra seeking possession of the suit property i.e. the property bearing No.498-B/6, Govindpuri, Kalkaji, New Delhi had been decreed in his favaour.

(2.) THE facts as is evident from the pleadings is that Sheela Dixit, the deceased second wife of the plaintiff was the owner of the aforenoted suit property. She had purchased a plot and raised construction upon it. Defendant no.1 who is the son of the plaintiff was borne out of his first marriage; he was in need of a place for shelter. Plaintiff allowed defendant no.1 and his wife to occupy one room and a kitchen on the first floor of the aforenoted property on a licence basis without any charges. After the marriage of their second son there was a paucity of accommodation and thus the plaintiff requested the defendants to vacate the portion which was in their occupation but the defendants with ulterior motive started threatening the plaintiff. Plaintiff was compelled to issue legal notice dated 19.01.1995 but to no avail. Present suit was accordingly filed.

(3.) ORAL and documentary evidence was led. The court was of the view that the suit property is owned by the plaintiff; defendant was only a licencee; he was liable to be evicted from the suit property.