RANJIT VOHRA Vs. ARUNA SAHA

JUDGEMENT

(1.) THIS order shall dispose of an application bearing IA No.7718/2010 under Order 12 Rule 6 read with Section 151 CPC for passing a judgment on the basis of admission.

(2.) BRIEFLY stated that facts of the case are that the plaintiffs Sh.D.B.Vohra and his son Sh.Ranjit Vohra filed the present suit for mandatory injunction against the defendant no.1 Sh.Aruna Saha and her husband defendant no.2 Sh.S.K.Saha. It was alleged in the plaint that the plaintiff no.2 is aged over 90 years and the plaintiff no.1 is his only surviving son. The plaintiff no.2 is the owner and in possession of property bearing no.E-14/9, Vasant Vihar, New Delhi, which comprises of ground floor, first floor and second floor along with garage and two servant quarters on the the plot of land measuring 400 sq. yds. It is alleged that the aforesaid plot of land was allotted to the plaintiff no.2 in the year 1970 as he was employed in the Indian Railways. Plaintiff no.2 had been predeceased by his wife, one daughter and one son and consequently, the plaintiff no.1 is the sole surviving son of the plaintiff no.2.

(3.) IT is now alleged that as the defendant no.1 or her husband defendant no.2 have not vacated the garage block under their occupation consequently, the present suit for mandatory injunction asking them to hand over the vacant and peaceful possession of the servant's quarter at E-14/9, Vasant Vihar, New Delhi has been filed against them. In addition to this, the plaintiffs have also claimed mesne profit @ `10,000/- per month from the defendant for the illegal use and occupation of the premises after termination of their licence.