UNION OF INDIA Vs. BHARAT BHUSHAN

JUDGEMENT

(1.) INITIATED by the defendants, this appeal seeks to examine the correctness of the judgment and decree dated 30-4-1994 drawn by the learned District Judge, Jammu in an action, instituted by the plaintiff for eviction of the defendants from the demised premises of first floor of the portion covered by an area of 657 sq. ft. commonly known as Amar Market building situated at Raghunath Bazar, Jammu belonging to the plaintiff, respondent herein, and recovery of a sum of Rs. 1,80,000/- as compensation for unauthorized use and occupation of the same unto 28th September, 1989. In culmination of the trial of the suit, the Court below has passed the decree for possession by ejectment of the second defendant and recovery of Rs. 78,840/- as compensation for use and occupation of the premises from April, 1987 till the commencement of the suit.

(2.) SETTING in facts of the case, a portion of the building explicitly delineated in para 1 of the plaint belonging to the plaintiff was initially leased out to defendant No. 2 for a period of 5 years effective from 19-3-1979 for housing the Post Office. The lease was extended for another period of three years and had to expire on 20-3-1987. The plaintiff sought the possession of the premises by ejectment of the defendants on the ground that no further lease was extended. The plaintiff further claimed a recovery of Rs. 1,80,000/- as compensation for unauthorized use and occupation of the premises at monthly rent of Rs. 6,000/- after the expiry of the lease.

(3.) UPON consideration of the pleadings, the following issues were struck for adjudication by the Trial Court :-