MEERA SAWHNEY Vs. SAMRITI BHASIN AND ANR.

JUDGEMENT

(1.) The plaintiff seeks a decree for possession for possession of 2nd floor and barsati of property bearing No. 58, Rajinder Nagar, New Delhi (hereafter, the "suit property"). A sum of Rs. 96,000/ - by way of mesne profits/damages for being in occupation of the property w.e.f. 28.10.2002 in respect of the second floor (at the rate of Rs. 8000/ - p.m.) and w.e.f. 1.2.2003 in respect of the barsati floor (at the rate of Rs. 4000/ - p.m.) is also claimed.

(2.) It is stated in the plaint that the defendant is the plaintiff's sister -in -law and occupies the second floor of the suit property, which consists of two bed rooms, one drawing cum dining, kitchen, toilet etc., in the capacity of a guest. It is alleged that in the month of January 2003, in addition to the second floor, the defendant illegally trespassed into the barsati floor, which consists of two rooms, kitchen and a bathroom, after the tenant occupying it vacated. It is claimed that the defendant has no legal right to remain in occupation of the said premises, she was merely permitted to live there during the life time of the plaintiff's husband, Sh. Arvind Kumar Swahney.

(3.) Initially the suit impleaded the Old Rajinder Nagar branch of Syndicate Bank, as defendant No. 2, a proforma party as the title deeds of the suit property are mortgaged with the same. Later by order dated 03.09.2003 the second defendant was deleted from the array of parties.