RAM BAKSH DAYAL CHAND Vs. UOI

JUDGEMENT

(1.) FOR the reasons stated in this application, the application is allowed and the present appeal is restored to its original number. C.M. stands disposed of. 1. This Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) impugns the judgment of the trial Court dated 6.2.2002 dismissing the suit for recovery of Rs.2,18,046/ - filed by the appellant/plaintiff on the allegation that when the appellant was illegally evicted by the respondent/Union of India (UOI), Ministry of Defence, his goods were damaged and, therefore, the entitlement to the claim for damages.

(2.) THE facts as pleaded by the appellant in the plaint are that the appellant was given a plot for storage of goods behind the bunglow No.T -2, Officers Enclave, Dhaula Kuan, New Delhi. It was pleaded that the appellant/plaintiff has been occupying the piece of land for the performance of various contracts awarded to it by the respondents since the year 1986. It was then pleaded that on 19.8.1996 the officer -in -charge, Rajputana Rifles, Regimental Centre, along with various persons under his command, suddenly without any notice, whether verbal/oral or in writing, started dismantling and destroying the temporary stores etc. It was pleaded that the acts were wrongful acts and this caused loss to the appellant/plaintiff and, therefore, a legal notice dated 22.8.1996 was served claiming damages on account of excessive use of force and power. The subject suit was filed as the respondent/Union of India, Ministry of Defence did not pay the damages which the appellant/plaintiff claims to have suffered.

(3.) AFTER the pleadings were complete, the trial Court framed the following issues: -