YAMIN Vs. MOHAMMAD USMAN

JUDGEMENT

(1.) This second appeal has been filed on behalf of the defendant/appellant, Shri Mohd. Yamin against ihe judgement and decree dated 1st February, 1979 passed by learned Additional District Judge, Delhi reversing the judgement passed by learned Subordinate Judge 1st Class, Delhi dated 30th October, 1976.

(2.) The learned Subordinate Judge 1st Class. Delhi had dismissed the suit for possession filed by the plaintiff/respondent. But on appeal by the plaintiff/respondent, the learned lower appellate court accepted the appeal and decreed the suit for possession.

(3.) The plaintiff/respondent had filed a suit for possession inter alia, on the allegations that he had purchased premises No. 1535-38 situate in Gali Kotanawali Suiwalan, Bazar Chitly Qabar, Delhi from the Custodian of Evacuee property on 7th April, 1970 and sale certificate was duly issued to him by the Custodian. Property No. X/1537 is part. of the premises purchased by the plaintiff/respondent and it consists of a shop. That the defendant is an un-authorised occupant of this shop. That according to the attornment letter issued to the plaintiff, the Custodian had only shown two tenants, namely. Sh. Satya Dev Dogra and Sh. Abdul Latif. That the name of the defendant does not appear in the said attornment letter. That even according to the record of the Cus'odian defendant is in un-authorised occupation and not a tenant of the Custodian and Ihe defendant being in un-authorised occupation of the premises was served with a. notice to vacate the premises in dispute and to hand over vacant possession. Rut the defendant gave an evasive reply and refused to hand over the vacant possession. Hence the decree for possession was prayed for by the plaintiff.