NAGAR PALIKA NIGAM Vs. RAJESHWAR DAYAL

JUDGEMENT

(1.) THIS appeal deals with a litigation which was initiated more than 4 decades back. In the year 1955, Nagar Palika Nigam, Gwalior filed a suit with a view to recover possession of the premises which were let out to one Rajeshwar Dayal s/o Lala Wazir Dayal. The premises are also known as Regal Talkies. This litigation met with failure on account of a finding having been recorded that there was non-compliance of the technical provisions of Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act' ). Another technical flaw which came to the rescue of the defendant/ respondent was the conclusion that the suit was not filed through a duly authorised person. After recording above and other conclusions, not only the suit for eviction was dismissed but the appellant-Nigam was non-suited with regard to the relief regarding recovery of damages. Having failed in the trial Court the Nigam has preferred this first appeal.

(2.) THE facts which are relevant for the purpose of this appeal be noticed as under :

(3.) AS there was failure to hand over the possession, a suit for recovery of possession was instituted on 16th September, 1955. This was filed for the return of the furniture, electric fitting and for the recovery of the possession of premises described in Ex. P-l. A prayer was also made for a money decree for a sum of Rs. 18177. 08 annas as mesne profit and Rs. 1751. 86 by way of interest Rs. 3305. 00 represents the amount which would be damages for use of occupation. It was represented that the appellant Nigam had received a proposal from the prospective tenants, by way of tenders, the highest tender being @ Rs. 3305/ -. The above is the factual position which can be spelled out from the plaint as filed by the Nigam