KHUMAN SINGH Vs. KESAR ENTERPRISES LIMITED

JUDGEMENT

(1.) HEARD Sri Vijai Bhatt counsel for the Appellant and Sri V.B.S. Negi counsel for the Respondents.

(2.) PRESENT second appeal has been filed against the judgment and decree dated 20 -12 -2006 passed by the District Judge, Udham Singh Nagar allowing the Civil Appeal No. 70 of 2005 M/S Kesar Enterprises Ltd. v. Khuman Singh preferred against the judgment and decree dated 26 -7 -2005 in Civil Suit No. 47 of 2001.

(3.) THE Respondent was appointed as Manager in Research and Development Centre. A residential house was allotted to the Defendant Appellant in Khurpakiya Farm. The Defendant Appellant was dismissed from service on 14 -12 -1992 on the charges of corruption and disobedience of higher officers after completing disciplinary proceedings against him in accordance with law. However, the Defendant Appellant failed to vacate the residential house allotted to him by the Plaintiff company. The Plaintiff served a legal notice on the Defendant Appellant through its counsel on 14 -1 -1999 but despite of the notice the Defendant Appellant neither vacated the disputed premises nor paid any amount of rent/damages.