DIL BAHADUR Vs. ARYA SAMAJ MANDIR

JUDGEMENT

(1.) C.M. No.42630/2018 (for delay)

(2.) The respondent/plaintiff-Arya Samaj, Greater Kailash-II and Greater Kailash Enclave-II through its President Sh. Priya Vrat has preferred a suit for mandatory injunction directing the petitioner/defendant to vacate its premises known as Arya Samaj Mandir, Road No.1, M-Block, Greater Kailash Part-II, New Delhi-110048 consisting of two rooms, one kitchen and a common latrine and bathroom, used by the petitioner/defendant as his residence and shown with red colour in the site plan annexed with the plaint. The respondent/plaintiff also prayed for a direction to the petitioner/defendant to remove all his goods and handover the possession of the said premises and to recover damages as well as water and electricity charges.

(3.) It is pleaded by the respondent/plaintiff in para No.1 of the plaint that it is a registered society and Sh. Priya Vrat is its President, who being conversant with the facts of the case, is authorized to sign, verify and file the plaint. The respondent/plaintiff pleaded in para No.2 of the plaint that the petitioner/defendant had been working as a Sevadar for the last about 35 years and on account of his working as a Sevadar, he was allowed to use the said property as his residence. In para No.3 of the plaint, it is pleaded that the services of all the employees/Sevadars including the petitioner/defendant shall come to an end on attaining the age of 65 years. By communication dated 9.6.2015, the respondent/plaintiff informed the petitioner/defendant that he would retire as Sevadar on 1.1.2016 on attaining the age of 65 years.