SHARDA DEVI GILL Vs. RAKESH JAIN

JUDGEMENT

(1.) THE present appeal arises out of a suit for possession, mandatory injunction, damages and mesne profits in respect of use and occupation of the premises bearing No. K-1, Lajpat npgar-II, New-Delhi (hereinafter referred to as "the suit premises" ). The learned Additional District Judge dismissed the suit of the Appellants by order dated 18/12/2000, The facts giving rise to the filing of suit may be summarized as under:

(2.) THE husband of Smt. Sharda Devi Gill expired on 30/4/1980. After the death of her husband, the Smt. Sharda Devi Gill continued to live alone in the suit premises till 1986. She was attended to by Sh. Digvijay Singh, PW-3, a childhood friend of her youngest son. In march 1986, Smt. Sharda Devi gill was introduced to Sh. Rakesh Jain, the defendant-Respondent by Sh. Digvijay Singh, PW-3. On the assurance of Sh. Digvijay Singh PW-3, Smt. Sharda Devi Gill agreed to permit the defendant-Respondent to stay in a portion of the suit premises as a permissive occupant/licensee along with his family. The Defendant-Respondent was not in exclusive possession of any portion of the suit premises till november 1990. In November 1990, Smt. Sharda Devi Gill fell ill and shifted to the house of her son, Dr. J. S. Gill, appellant No. 2. On her return to the suit premises in January 1991, she was shocked to see illegal construction on the suit premises and requested the Respondent to vacate and hand over peaceful possession of the suit premises to her, which he refused. On these allegations Smt. Sharda Devi gill filed a suit for possession, mandatory injunction and mesne profits.

(3.) DURING the pendency of the suit, the smt. Sharda Devi Gill died on 23. 04. 98 and her three sons- S/sh. S. S. Gill, J. S. Gill and R. S. Gill were brought on record as her legal representatives.