PREM Vs. ARYA SAMAJ SAKET

JUDGEMENT

(1.) THE appellant has challenged the impugned judgment dated 20th October, 2014 whereby the learned Trial Court has passed a decree for possession and mesne profits against the appellant and her husband.

(2.) THE respondent - Arya Samaj Saket, a society registered under the Societies Registration Act, is the owner in possession of Arya Samaj Mandir, property no.120A, D Block, Saket, New Delhi. In the year 1983 -84, the appellant's husband started doing 'sewa' in the respondent's temple as a 'sewak' on an honorarium of Rs.1,000/ - per month and was allowed to occupy the suit property. On 1st June, 2008, the appellant's husband was asked to stop the 'seva' on the ground of objectionable conduct and behaviour as he was cooking and eating non -vegetarian food and having liquor in the suit property. It was also found that the appellant's husband was working with the Department of Central Excise and has been allotted a flat in Pushp Vihar. Vide legal notice dated 27th April, 2009, the appellant and her husband were called upon to vacate the suit property within 30 days which was not complied with and therefore, the respondent instituted the suit for possession and mesne profits.

(3.) THE respondent examined the President of the society as PW -1 who proved eight receipts Ex.PW -1/3(Colly.) for Rs.1,000/ - as honorarium issued by the society in favour of the appellant's husband. PW -1 also proved the letter dated 10th February, 2001 written by the appellant's husband asking for an advance of Rs.1,500/ - with a request to deduct @ Rs.200/ - per month out of honorarium. PW -1 also proved the copy of the legal notice dated 27th April, 2009 along with postal receipts as Ex.PW -1/6 to 1/8.