UNITED INDIA INSURANCE CO. LTD. Vs. SEEMA GUPTA

JUDGEMENT

(1.) THIS is defendant's First Appeal against the judgment and decree of the learned Additional District Judge, Jammu dated 31.1.2001. Vide the aforesaid judgment and decree, the learned 1st Additional District Judge, Jammu has directed the defendant -Insurance Company to pay Rs. 5,31,300.00 as compensation for use and occupation of the premises.

(2.) RELEVANT facts for the disposal of this appeal are that the plaintiffs are the owners of the building in Amar Market, Raghunath Bazar, Jammu. The defendant -Insurance Company took on a lease portion of a building on the first floor in the year 1984 for five years on a monthly rental of Rs. 3451.00. After the expiry of the lease period, the defendant -Insurance Company continued as tenant by mutual consent. The defendant did not vacate the said premises after the lease period was over and remained in its possession. The plaintiffs asked the defendant to vacate the demised premises but the defendant did not vacate the same. The plaintiffs filed a suit for the ejectment of the defendant from the demised premises before the Hon'ble High Court but subsequently the suit was transferred to the learned District Judge, Jammu for trial. In the said suit, it was held that the plaintiffs are entitled to Rs. 4.40 per square ft. for 1725 sq. ft and the rent comes to Rs. 7500 per month and Rs. 75,900 for ten months.

(3.) RELIEF .