S ORITAM SINGH Vs. RAM NARAIN VIJ

JUDGEMENT

(1.) The appellants are aggrieved by the judgment and decree dated 3rd September, 1973, passed by the Sub-Judge, Delhi decreeing the suit for possession in favour of the respondent and against the appellants and also passing a decree for a sum of Rs. 500.00 in favour of the respondent with cost of the suit.

(2.) . The appeal was admitted to hearing on 3rd October, 1973 and the interim stay against dis-possession was granted. The appellants deposited the decretal amount of Rs. 500.00 and also a sum ofRs.340.00 which had become due and payable at the rate of Rs. 14.00 per month. The stay was made absolute during the hearing ofthe appeal and appellants were directed to pay a sum of Rs. 84.00 half yearly to the respondent towards use and occupation charges for the premises in suit.

(3.) . The respondent/plaintiff had filed the suit for possession in respect of premises No. 30/IA and 2A for recovery of Rs. 500.00 claiming to be the owner of the suit property. The suit had been instituted against appellants Sh. Pritam Singh, Sh. Raja Singh and Smt.Parvati.Duringthe pendency ofthe suit, Sh. Raja Singh and Sh. PritamSingh died and the present appellants No. 2 to4 being legal representatives were substituted, as the defendants.