MOHINDER SINGH Vs. NIHAL KAUR

JUDGEMENT

(1.) THIS regular second appeal filed by Mohinder Singh and his wife Narindar Kaur defendants is directed against the judgment and decree of learned Additional District Judge, Delhi, affirming on appeal the decision of the trial Court whereby a decree for recovery of Rs. 1,800/- was passed in favour of Nihal Kaur plaintiff-respondent against the defendant-appellants, and the main question which arises for determination in the appeal is: whether an allottee of an evacuee plot, who has constructed a building on that plot, is entitled to recover damage for use and occupation against persons who take unauthorised possession of that plot along with the building. It arises in the following circumstances.

(2.) PLOT No. 65/40 situated on Rohtak Road, Delhi was evacuee property and was allotted by the Custodian of Evacuee property to Nihal Kaur plaintiff-respondent. She thereupon constructed upon it a room for residence. According to the allegations of the respondent she went out of Delhi to attend a marriage in the beginning of 1957 and returned in the month of July when she found that the appellants had taken unauthorised possession of that plot and room. She, accordingly, filled the preset suit on July 15, 1960, for recovery of Rs. 1,800/- as damages for use and occupation against the appellants for the period from July 1, 1957 to June 30, 1960. at the rate of Rs. 50/- per mensem. In the alternative the respondent claimed that if the contention of the appellants that they were her tenants was accepted by the Court she should be awarded decree for the aforesaid amount as rent.

(3.) THE suit was resisted by the appellants and the stand taken by Mohinder Singh appellant in his statement dated March 14, 1961, was that he had taken the property in dispute on rent from Darshan Singh (P. W. 4) son-in-law of the respondent. The Courts below upheld the claim of the respondent with the result that the decree for recovery of Rs. 1,800/- was awarded in her favour against the appellants.