FASHION LINKERS Vs. SAVITRI DEVI

JUDGEMENT

(1.) This is a Regular First Appeal filed against the judgment and decree dated 20.12.2001, passed by the learned Single Judge in suit No.1590/1988, whereunder, the learned Single Judge has decreed the suit of the respondent herein (the plaintiff in the suit) for possession of the property bearing No. A-51/1 Phase-I, Naraina Industrial Area, New Delhi (hereinafter referred to as `the suit premises'). A decree for recovery of a sum of Rs.1,83,600/- with costs and interest @ 12% per annum on the principal amount till final payment, with effect from the date of instituting the suit till final order has also been passed by the learned Single Judge in favour of the respondent/plaintiff against the appellant/defendants.

(2.) The facts giving rise to the present appeal are briefly stated hereunder : Smt. Savitri Devi, respondent No.1 herein, filed a suit for recovery of Rs.7,99,500/-, for possession of the suit premises and also for permanent and mandatory injunction. Late Shri Gian Chand, husband of the respondent No.1, was carrying on the business of running a printing press at premises No.5397, Arya Samaj Road, Karol Bagh, New Delhi under the name and style M/s. Kisoo Mal Gian Chand. Late Shri Gian Chand was also the owner of the suit premises situated on a plot of land measuring 468 sq. yards comprising a ground floor, mezzanine floor and a first floor. He expired on 18.12.1977 leaving behind his wife, Smt. Savitri Devi, respondent No.1, an unmarried daughter, namely, Ms. Suman Arora and a son, Shri Girish. He had executed a Will dated 13.12.1977 whereunder he had bequeathed property in favour of his wife, respondent No.1 as the absolute owner, and the said property was also mutated in her name.

(3.) It is averred in the plaint that Shri Gian Chand was approached by late Shri Mahender Pratap Makkar in August, 1977 for permission to jointly use part of the suit premises as a licensee and that the licence fee was settled @ Rs.5,100/- per month and a cheque dated 10th August, 1977 for the said amount was issued in favour of M/s. Kisoo Mal Gian Chand. It is further averred that on the basis of the permission granted, the predecessor-in-interest of the appellants became a licensee in part of the suit premises, while late Shri Gian Chand retained a hall and two rooms of the said premises with him. It is also stated that the machinery belonging to late Shri Gian Chand had been installed in the suit premises and that the first floor thereof remained in his exclusive possession.