ANIL SWAMI Vs. NIRMAL KUMAR SWAMI

JUDGEMENT

(1.) No one appears for the respondent in spite of the matter being passed over. I have therefore heard the counsel for the appellant and after perusing the record am proceeding to decide the case.

(2.) This second appeal is filed impugning the judgment of the first appellate court dated 28.9.2013 by which the first appellate court accepted the appeal filed by the defendant no.1 and set aside the judgment of the trial court dated 16.11.2010. Trial court by the judgment dated 16.11.2010 had decreed the suit for possession qua the suit property being a Janta Flat bearing no.74, Ground Floor, Pocket 10, Block C, Sector-5, Rohini, Delhi-10085.

(3.) (i) The facts of the case are that the suit property was owned by the father of the parties namely Sh. Kundan Lal. The suit property was allotted by the Delhi Development Authority to Sh. Kundan Lal under Janta Category Residential Scheme. Respondent/defendant no.1 requested the father Sh. Kundan Lal that he should be permitted to live in the suit property as he was living in a tenanted premises, and was going through a financial crisis, and consequently, respondent/defendant no.1 was permitted by the father Sh. Kundan Lal to reside in the suit property. Respondent/defendant no.1 however thereafter refused to vacate the suit property and consequently, the father Sh. Kundan Lal served a notice dated 16.12.1999 upon the respondent/defendant no.1 terminating his licence and asking him to vacate. Sh. Kundan Lal, however, expired soon thereafter on 9.6.2000. Before his death Sh. Kundan Lal executed a Will dated 9.7.1999 Ex.PW1/6 with respect to the suit property in favour of the appellant-plaintiff. The Will was registered before the sub-Registrar on 12.07.1999.