JAI PARKASH SHARMA Vs. SATYA PARKASH SHARMA

JUDGEMENT

(1.) Appellant Jai Parkash Sharma has filed this regular second appeal against Satya Parkash Sharma respondent challenging the judgment and decree dated 20.02.2009 passed by learned Civil Judge (Senior Division), Jagadhri, whereby suit was decreed and judgment and decree dated 17.02.2012 passed by learned Addl. District Judge, Yamuna Nagar at Jagadhri, vide which the appeal filed by the appellant was dismissed.

(2.) Notice of motion was issued and respondent appeared through his counsel and contested the petition.

(3.) The brief facts of the case are that Satya Parkash Sharma filed a suit against Jai Parkash Sharma for mandatory injunction directing the defendant to hand over the vacant and actual physical possession of House No.291, double storeyed constructed on plot No.5, fully shown in site plan attached with the plaint situated at Dashmesh Colony, Near Khalsa College, Munda Majra, Yamuna Nagar and further directing the defendant to pay the mesne profits for illegal use and occupation of the above-said house at the rate of Rs. 100/- per day from the date of filing of the suit and till the actual delivery of possession. It is stated in the plaint that plaintiff is owner of the house and he purchased the plot for a sale consideration of Rs. 3000/- vide sale deed dated 03.06.1980 from Prag Raj, who handed over the possession at the spot, after which plaintiff constructed his house over it. It is further stated that plaintiff was serving in Rajasthan and at the time of purchase of plot also he was working outside Yamuna Nagar and since house in dispute was vacant and defendant was in need of accommodation, he requested the plaintiff to give him the disputed house as licensee. Plaintiff accepted his request and handed over the house to the defendant as a licensee with the condition that defendant would hand over the vacant possession as and when plaintiff desires. Plaintiff now has retired and he requested the defendant to hand over the vacant possession but he refused to do so.