SALOCHNA DEVI Vs. JAGAT SINGH

JUDGEMENT

(1.) THIS regular Second appeal has been filed by Salochna Devi and her husband defendants (appellants herein) against the judgment and decree dated 18.8.1997 whereby Additional District Judge, Rupnagar dismissed their appeal against the judgment and decree dated 8.2.1995 of Sub Judge IInd Class, Anandpur Sahib who decreed the suit of Jagat Singh plaintiff for mandatory injunction directing them to vacate the residential premises shown by letters ABCDEFGHA as described in the heading of the plaint, owned by him but possessed by them (defendants) as licensees.

(2.) FACTS : Jagat Singh is father, Salochna Devi is his daughter and Dilbag Singh is Salochna Devi's husband. Jagat Singh filed suit for mandatory injunction directing them to vacate the residential premises ABCDEFGHA on the allegations that about 10 years ago, Dilbag Singh alongwith his wife i.e. Salochna Devi and his family shifted to Delhi from his village in connection with business. Up to January, 1990 they stayed at Delhi. In January, 1990, they came to the plaintiff and told him that their business had totally failed and they were unable to make both ends meet. They requested the plaintiff to let them reside in his house for a few months and thereafter they would leave the house on getting job or some other alternative. He agreed to keep them with him looking to their sad plight and also that they were his son-in-law and daughter and he allowed them to reside in his newly constructed house as licensees under him. He requested them to vacate the house when Dilbag Singh became settled and started earning. He terminated the licence. They threatened that they would not vacate the residential house, although licence in their favour had been terminated.

(3.) ON the pleadings of the parties, following issues were framed by the trial Court :