UPENDER SHARMA Vs. MANGAT RAM

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 06.01.2007 which had endorsed the finding of the trial judge dated 26.05.2005 whereby the suit filed by the plaintiff Upender Sharma seeking possession of the suit property i.e. property bearing no. 33, Gali No. 3&4, North Chhajju Pur, Delhi (hereinafter referred to as 'suit property') along with the mesne profits had been decreed in favour of the plaintiff.

(2.) PLAINTIFF claimed himself to be the registered owner of the aforenoted suit property. The document of purchase was dated 15.06.1974. He had constructed the boundary wall, one room with ACC, one latrine, ACC shades and installed a hand pump. Defendant along with his servant was asked to look after the property as also the buffaloes of the plaintiff. PLAINTIFF had been running milk dairy at 1/4885, Balbir Nagar Extension, Sahara, Delhi up to the period of 1995-96; in this period, the defendant at the request of the plaintiff was living in this said suit property. Thereafter, the defendant left the job of the plaintiff and started his own work; he requested the plaintiff to allow him to continue living in the suit property till he could arrange alternative accommodation for himself. PLAINTIFF allowed him to do so. Thereafter, on the need of the plaintiff, the plaintiff requested the defendant to vacate the suit property. This was in 1997. The defendant agreed to vacate the property after the Holi festival in 1998. Thereafter, with malafide intentions, defendant filed suit no. 81/98 for permanent injunction seeking restraint against the plaintiff from interfering in his peaceful possession. It was further averred that the defendant had also been conspiring to sell the suit property. Suit was accordingly filed.

(3.) FOUR witnesses were examined on behalf of the plaintiff and 7 DW's had appeared in the witness box on behalf of the defendants. All the issues were decided in favour of the plaintiff. It was held that the plaintiff was entitled to recover the suit property. Mesne profits at the rate of Rs. 1,500/- per month were also awarded.