JODHIAN Vs. METHODIST CHURCH IN INDIA

JUDGEMENT

(1.) This is a second appeal under Sec. 100 of the Code of Civil Procedure, 1908.

(2.) These proceedings emanate out of Suit 408/2011 instituted by the respondent Methodist Church in India (also referred to as 'the Church', hereinafter) against the appellant.

(3.) The respondent contended that Budh Ram, the deceased husband of Appellant 1 Jodhian (also deceased and represented through her legal representatives who have filed the present appeal) was working as a mali (gardener) with the Butler School (hereinafter 'the school'). During his service with the School, Budh Ram was permitted to stay in quarter 3 situated at 17, Boulevard Road, Delhi (hereafter 'the suit property') as a licensee. Budh Ram expired on 20/7/1998. With his death, the right of his family members to continue in the said property also came to an end. Nonetheless, the appellants continued to remain in possession of the suit property even after July 1998. Repeated notices issued to the appellants to vacate the suit property were futile. A legal notice was also issued to the appellants calling upon them to vacate the suit property.