DHARMA VEER SINGH Vs. SUSHMA

JUDGEMENT

(1.) This is a defendant's appeal filed against the judgment and decree passed by the Trial Court and affirmed by the Appellate Court in Original Suit No.206 of 2009 (Smt. Sushma Vs. Dharam Veer Singh).

(2.) A suit for mandatory injunction was filed by Smt. Sushma daughter of Lilpat on the ground that the defendant was inducted as a licensee in March 1996 by her father. Even after expiry of the period of license, he did not vacate the house in question. The father of the plaintiff died in January 1997, leaving behind his widow, two daughters, the plaintiff and her sister Km. Poonam. Her mother Smt. Vidhyavati also died within a short time thereafter. The plaintiff was minor at the time of death of her parents. After some time she made oral request to the defendant to vacate the house in question but received no response. Ultimately, a notice dated 17.3.2009 was sent through registered post, which was duly served upon the defendant. Despite clear intention shown by the plaintiff in the notice dated 17.3.2009, the defendant had continued in possession of the house in question. The defendant neither responded to the notice nor vacated the house in question and hence the cause of action for filing the suit arose after expiry of the period given in the notice.

(3.) A relief for mandatory injunction was sought with the relief for a direction to the defendant to handover the vacant possession of the house in question.