SHANKAR GOSWAMI Vs. SARITA GOSWAMI

JUDGEMENT

(1.) C.M. No.18154/2015

(2.) The First Appellate Court has dismissed the appellants first appeal and affirmed the judgment and decree passed by the Trial Court with the slight modification that the damages awarded @ Rs.1500 per month were made payable w.e.f. from 01.02.2011, and not from 23.04.2010.

(3.) The respondent/plaintiff filed the said suit on the premise that she is the owner of the property no.K-139, Dakshinpuri, New Delhi admeasuring 25 sq yds. The plaintiff claimed that she had purchased the said property from Smt. Kusum Lata, wife of Sh Sant Ram vide agreement to sell dated 28.04.1997 (Ex PW-1/1). The plaintiff claimed that the power of attorney (Ex PW-1/2); the possession letter (Ex PW-1/3) were also executed. She produced the site plan (Ex PW-1/4). The possession of the property was handed over to the plaintiff. Thereafter, the plaintiff claimed to have constructed three floors on the suit property and one room and bathroom on the terrace. The plaintiff claimed that she was residing with her family in the suit property and the defendant/appellant is the younger brother of the husband of the plaintiff. The defendant was allowed to reside with his family on the top floor of the suit premises temporarily till he finds his own place to live in. He uses the electricity from the meter connection in the name of the plaintiff. The plaintiff stated that the defendants use was permissive. The plaintiff stated that due to the misbehaviour of the defendant, she withdrew her permission to the defendant to reside in the suit property by sending a legal notice dated 07.04.2010 (Ex PW-1/6) and called upon the defendant to vacate the premises and hand over possession. The plaintiff also claimed damages @ Rs.1500 per month if the premises were not so vacated.