RICHA DEVI ALIAS KAPILA DEVI Vs. RAM DASS

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 07.08.2006 which had endorsed the findings of the trial Judge dated 03.07.2004 whereby the suit filed by the plaintiff Ram Dass seeking recovery of possession of suit property i.e. quarter No.183, Tilak Khand, Giri Nagar, Kalkaji along with damages had been decreed in his favour.

(2.) THE case of the plaintiff is that he was allotted the aforenoted suit property by the Labour Commissioner; the plaintiff was an industrial worker employed with M/s Federal Lloyds, Okhla Industrial Estate, New Delhi; his monthly license fee was Rs.37/-. Out of love and affection the plaintiff allowed his brother Jiwan Lal and his wife Richa Devi to live in the said accommodation. After the death of Jiwan Lal on 26.09.1985 his wife left for her village on 20.03.1986. THE plaintiff had himself gone to the railway station to see off the widow of his brother. He had locked the suit property at that time. When he returned, he found one Sukhdev Singh was present in the suit property; his valuable articles had also been removed; police complaint was lodged; proceedings under Section 145 of the Cr.PC had also been initiated; the defendant is in occupation of the suit property; she is trespasser; she is liable to be ejected; present suit was accordingly filed.

(3.) THIS order of the trial Judge had been affirmed in the first appeal.