DEWAN CHAND BATRA Vs. HARISH CHAND TANDON

JUDGEMENT

(1.) CM No. 8860/2015 and 8861/2015 (Exemption)

(2.) A suit was filed by Kamla Tandon and Harish Chand Tandon against Vijay Kumar Tandon, P.H. Bhatia, Dewan Chand Batra and Chander Kala Batra for possession, injunction and recovery of damages for use and occupation of the premises and mesne profit in respect of the suit property, that is, D -3, Green Park Extension, New Delhi.

(3.) IT was stated that Vijay Tandon and his mother Smt. Kashmiri Devi Tandon had requested the Plaintiff to allow them to reside in the suit property as they had to vacate their government flat at Gole Market which was allowed and thus they were only the licensees in the suit property. However, Vijay Tandon made unauthorized construction in the suit property and thus a suit for prohibitory injunction was filed. On 2nd June, 1995 the Plaintiff/Respondent terminated the license of Vijay Tandon. In the said suit a Local Commissioner was appointed on 12th July, 1995 who gave the report that Vijay Tandon was in possession of the suit property however, one room was in possession of Defendant No.2 P.H. Bhatia. On 10th December, 1995 Vijay Tandon removed his goods and inducted Defendant No.3 Dewan Chand Batra. Dewan Chand Batra claimed himself to be owner of property by virtue of GPA, Agreement to Sell, Possession Letter etc. In the suit Vijay Tandon and P.H. Bhatia were proceeded ex -parte and following issues were framed: