SHANTI DEVI Vs. SH. HIRA LAL

JUDGEMENT

(1.) THE present appeal has impugned the judgment and decree dated 03.11.2003 which had endorsed the finding of the trial judge dated 21.04.2001 whereby the suit filed by the plaintiff, Sh. Hira Lal, seeking possession and recovery of mesne profits from the defendant qua the suit premises bearing no. 10/8020, Multani Dhanda, Pahar Ganj, New Delhi had been decreed.

(2.) THE case of the plaintiff is that the mother-in-law of the defendant was a licensee in the suit property in respect of one room and a piao on the ground floor. After her death, the defendant unauthorisedly occupied the suit premises. In spite of legal notice dated 31.07.1989 served upon the husband of the defendant, the suit property was not vacated. The husband of the defendant expired on 09.09.1991. Legal notice dated 12.09.1995 was served upon the defendant calling upon her to vacate the suit property which she had failed to do. The present suit was accordingly filed.

(3.) ON the pleadings of the parties, following six issues were framed:-