VIMLA MITRA Vs. KISHAN CHAND MITRA

JUDGEMENT

(1.) APPELLANT no.1 is sister -in -law (brother's wife); whereas appellant no.2 is nephew of respondent. Respondent filed a suit for recovery of possession of suit property, that is, property no. 1 -A, New Layal Pur Colony, Krishna Nagar, Delhi - 110051 comprising of two rooms, kitchen, bathroom, staircase and courtyard against the appellants as also for recovery of mesne profits and damages.

(2.) TRIAL court has passed a decree of possession and mesne profits in favour of the respondent and against the appellants. Mesne profits @ Rs. 2,000/ - per month with effect from 1st April, 2008 till 31st March, 2012 and @ Rs. 3,000/ - per month with effect from 1st April, 2012 onwards till delivery of possession have been awarded.

(3.) RESPONDENT alleged in the plaint that his brother Late Shri Nathu Ram Mitra was facing financial crunch in the year 1984. He was in need of house for his residence. At the request of Late Shri Nathu Ram Mitra respondent permitted him to live in the suit property. All along, Late Shri Nathu Ram Mitra had been assuring the respondent that he would vacate the suit property after he becomes financially stable. Late Shri Nathu Ram Mitra died in the year 2000. However, appellants continued to occupy the suit property. They assured the respondent that they were in the process of making alternate arrangements for their residence and will shift whenever they are able to find a house. However, they did not shift from the suit premises. Accordingly, respondent terminated the license vide legal notice dated 11th March, 2008 and called upon the appellants to vacate the suit property. He also claimed damages @ Rs. 5,000/ - per month from them. Despite this, appellants did not vacate the suit premises. Instead they sent a frivolous reply dated 28th April, 2008. Hence, the suit.