MITTER SAIN JAIN Vs. ATTAR SAIN JAIN

JUDGEMENT

(1.) Plaintiff is the appellant, feeling aggrieved by the judgment and decree of the trial court dismissing his suit for recovery of vacant possession of premises bearing No. 1203, Chah Rahat, Bazar Gulian, Delhi-110006 and for recovery of arrears of rent and mesne profits.

(2.) . The suit was based on landlord-tenant relationship. The plaintiff and defendant No.1 are real brothers. Defendants 2 and 3 are respectively the wife and the son of defendant No.1.

(3.) . According to the plaintiff, defendant No.1 had taken possession from the tenant M.M. Khanna unauthorisedly. Inasmuch as the property belonged to the plaintiff, the defendants were liable to deliver vacant possession thereof to the plaintiff. An amount of Rs. 2160.00 as damages for three years prior to the institution of the suit and future mesne profits were also claimed.