KARAN SINGH Vs. DELHI PINJRA POLE SOCIETY

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellant against the concurrent finding of the Courts below i.e. judgment dated 08th December, 2016 passed by the First Appellate Court and dated 26th May, 2016 passed by the learned Trial Court declaring the status of the appellant to be that of a licensee in the suit property and that the licence stood terminated by the respondent. Vide impugned judgment, the appellant was also directed to pay mesne profit/damages at the rate of Rs. 1000/- per month from the date of filing the suit till its realization with interest @ 6% per annum.

(2.) In brief, the facts are that Civil Suit No.96/2016 was filed by the respondent/plaintiff - Delhi Pinjra Pole Society pleading that the appellant/defendant joined the services of the Society on 1 st August, 1992 as Sweeper (Safai Karamchari). As an employee of the society, he was allotted one room in Premises No.9271, Goshala, Kishan Ganj, Delhi to be used as licensee without charging any amount and no licence deed was executed. It was further pleaded that due to the undesirable activities of the appellant/defendant like instigating the other employees and hampering the activities of the Delhi Pinjra Pole Society, he was served with a show cause notice dated 15th April, 2013 and thereafter his licence was also terminated.

(3.) Despite termination of the licence, the licensee failed to vacate the premises, hence the suit was filed praying for decree of mandatory injunction thereby directing the appellant/defendant to remove himself alongwith his family members from the suit property and also for decree of permanent injunction thereby restraining the appellant/defendant from creating any third party interest in the suit property and for recovery of mesne profits.