P.N. SINGH Vs. H.N. SINGH

JUDGEMENT

(1.) THIS is Defendant's second appeal under Section 100 Code of Civil Procedure against the concurrent judgments of the two Courts below in O.S. No. 1030 of 1996, decreeing the suit for possession in respect of a portion of house No. K.D. 72, Kavi Nagar, Ghaziabad described by letters A, B, C, D, E, F in the plaint map which consists of three rooms and other accommodations, for recovery of pendente lite and future damages till the date of actual vacation at the rate of Rs. 2,500/ - per month.

(2.) THE background facts may be noticed in brief.

(3.) THE above mentioned suit was instituted by the Plaintiff Respondent (hereinafter referred to as the Respondent) on the pleas inter alia that the Plaintiff obtained a lease deed in respect of plot No. K.D. 72, Kavi Nagar, Ghaziabad from Ghaziabad Vikas Pradhikaran on 26th of February, 1975. He got the map sanctioned for raising a house in the year 1976 and the house was raised thereafter. A sum of Rs. 9,999.90 was paid by him to Ghaziabad Development Authority as premium. A sum of Rs. 90,000/ - was spent in raising the construction. To meet the said expenses, he took a loan of Rs. 70,000/ - from his employer namely Army Headquarter, New Delhi by giving the property in dispute as security. The said loan amount was paid in instalments by way of deduction from his salary up to the year 1995. The house in question is his self acquired property. A portion of it was let out from time to time to different tenants.