C S CLARKE Vs. GEORGE W MAYOR

JUDGEMENT

(1.) Shri C. S. Clarke, petitioner has filed this revision petition against the order dated 4/03/1992 of Shri M. S. Rohilla,Additional District Judge. Delhi, thereby dismissing the suit of the plaintiffagainst the defendants.

(2.) Briefly stated, the facts leading to the filing of this petition arethat a suit for declaration that under the contract and law. the plaintiff wasentitled to partly furnished residential accommodation in the Campus ofFrank Anthony Public School or in close vicinity .during the term ofemployment and for permanent injunction. restraining the defendants, theiragents, employees and nominees from forcibly dispossessing him from thetwo rooms accommodation, in his possession, in the Middle School buildingin the Campus of Frank Anthony Public School, Lajpat Napar. New Delhiwas filed by the plaintiff against the defondant. It has inler.alia been pleadedby the petitioner/plaintiff that he has been a permanent teacher of FrankAnthony Public School, Lajpat Nagar, New Delhi, which he joined on 7.7.75in pursuance of appointment letter dated 16.5.1975. It is also claimed thatas a condition of his service, he was allotted accommodation/quarter by thedefendants at Ground Floor of premises No. N-86, Greater Kailash-I, NewDelhi and subsequently the said accommodation was got vacated by theland-lord and on 14.12.1988, defendant No. 2 allotted two rooms to theplaintiff in the Middle School building in the Campus of the school for hisresidence. It has also been claimed that defendants were asking the plaintiff to vacate the aforesaid accommodation to which, he is not agreeableand that the alternative accommodation stated to have been arranged bydefendant No. 2 was not suitable and thus, the suit.

(3.) . The suit was contested by the defendants and a written statementhad been filed by defendant No. 2 in which, a prayer was made that thesuit was not competent and so the same may be dismissed.