KANHAIYA LAL Vs. BIRDHI CHAND GIRDHARI LAL

JUDGEMENT

(1.) These cross-appeals (Nos. 50-D and 103-D) were filed against the judgment and decree in a suit instituted on October 1, 1955 on behalf of Messrs Birdhi Chand Girdhari Lal Jain and six others. The suit was against Messrs Kannya Lal Sham Lal and five others. On April 15, 1961 it was partly decreed by Shri R. L. Lamba, Subordinate Judge First Class, Delhi. The decree passed in favour of the plaintiffs was for ejectment of the defendants from the portions shown red and yellow in the plan (Exhibit P/l) attached to the plaint and for recovering Rs. 20,836/10/8. The amount decreed comprised of Rs. 14,400.00 on account of arrears of rent, Rs. 4,836/10/8 as damages and Rs. 1,600.00 as electric charges. The plaintiffs were as well allowed proportionate cost of the suit.

(2.) In this appeal the defendants claimed that no decree should have been passed against them either for eviction or recovering any amount on account of arrears of rent, damages or electric charges. The judgment and decree of the trial court were alleged to be against facts and law. In the other appeal the plaintiffs desired the decretal amount to be enhanced by a sum of Rs. 8,000.00. It was alleged that the court below had erred in awarding damages at Rs. 100.00 per month for a portion of the premises in dispute and that the plaintiffs were entitled to damages at Rs, 300.00 per month. It was also stated in the grounds of appeal that the arrears of rent should have been computed for a period of thirty seven months and not only thirty six months.

(3.) In order that the contentions raised from the opposing sides may be properly appreciated it is necessary to state certain facts. There is a building known as Birdhi Chand Girdhari Lal Building (hereinafter referred to as "the premises") which is situated at Naya Bazar (Burn Baston Road), Delhi. The Naya Bazar (Burn Baston Road) is towards its east. On the northern side of the premises adjoins the house of Ram Gopal Prash Ram, who are not parties to this case. Towards its south there is a public road and on the west is a public lane. The premises were owned by Messrs Birdhi Chand Girdhari Lal Jain and Nanag Ram, Bal Chand, Girdhari Lal, Sumair Chand, Prem Chand and Shiv Bai, who were plaintiffs in the suit. During pendency of the suit Nanag Ram died and in his place names of his legal representatives were substituted. Another thing, which happened was that the premises were given by the plaintiffs to a Trust, but in spite of that they continued with 'the suit. Their right to proceed with the suit was not disputed by the other side.