RAKESH KUMAR DUGGAL Vs. BALDEV KUMAR DUGGAL

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of Additional District Judge, Chandigarh dated 14-12-1995 whereby he had dismissed the appeal of Rakesh Kumar Duggal son of Nihal Chand Duggal and his wife Geeta Rani Duggal (appellants herein) against the judgment and decree dated 9-6-1989 of Sub Judge 1st Class, Chandigarh whereby he had decreed the suit of Baldev Kumar Duggal (respondent herein) for mandatory injunction directing Rakesh Kumar Duggal and his wife to vacate possession of one room and kitchen on the first floor (room on the left side and kitchen on the right side) and one room at Barsati of House No. 1157, Sector 21-B, Chandigarh and further for recovery of Rs. 1085.00 i.e. at the rate of Rs. 15.00 per day as damages for the unauthorised use and occupation of these premises. Facts :

(2.) For appreciating better the facts of the case, following pedigree-table is set out:

(3.) Besides, Nihal Chand Duggal had 7 daughters namely Asha Duggal, Parveen Duggal, Sukhvarsha Duggal etc. Smt. Raj Duggal is the widow of Narinder Kumar Duggal, Baldev Kumar Duggal filed suit for mandatory injunction against Rakesh Kumar Duggal and his wife Geeta Rani Duggal, directing them to vacate and hand over the vacant possession of one room and kitchen on the first floor (room on the left side and kitchen on the right side) and one room at Barsati of House No. 1157, Sector 21-B, Chandigarh to him and for the recovery of Rs. 1190.00 on account of unauthorised use and occupation of these premises by them after the notice period. As per Baldev Kumar Duggal he is absolute owner of House No. 1157, Sector 21-B, Chandigarh, House No. 1157, bearing Plot No. 2-B Sector 21-B, Chandigarh was constructed by him out of his own funds, Conveyance deed was also issued to him by the Estate Officer, Chandigarh.