PUNJAB NATIONAL BANK Vs. SEEMA GUPTA

JUDGEMENT

(1.) BOTH these appeals arising out of the same judgment dated 4.3.1995 shall be disposed of by this common judgment. CIA No. 42/1995

(2.) CIA No. 42/1995, entitled Punjab National Bank v. Seema Gupta and Anr., is defendant's appeal from the judgment and decree of the Court of District Judge, Jammu whereby the plaintiffs' suit for ejectment and recovery of Rs. 78,000 as compensation for unauthorized use and occupation with proportionate costs, is decreed on 4.3.1995.

(3.) FINALLY , to what relief is the Plaintiff entitled? - -O.P.P 4. Parties, apart from examining the witnesses in support of their respective cases, have assembled, each for itself, testimony of various witnesses. A graphic resume of the statements of these witnesses has been given by the Trial Court in its judgment. After any analytical evaluation of the primary and perceptive facts deposed to by the witnesses examined at the trial by the parties and testimonial boost these provided either way, the Trial Court has passed the decree impugned in this appeal on the dual grounds, firstly, that it has been conceded at the Bar that the annual income of defendant -2 exceeds Rs. 60,000 and, therefore, protection of Jammu and Kashmir Houses and Shops Rent Control Act is not available to him, and secondly, the granting of compensation for use and occupation @ Rs. 12,500 per month for a period of six months effective from 1st April 1987 to ending September 1987.