PURAN MAL MODI Vs. RAJASTHAN INVESTORS PVT. LTD

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant-appellant against the judgment and decree dated 11.12.2000 passed by the learned Additional District Judge No. 5, Jaipur City, Jaipur whereby the learned lower appellate Court confirmed the judgment and decree passed by the learned trial Court on 24.7.1997 for mandatory injunction against the defendant-appellant.

(2.) THE facts giving rise are that defendant-appellant was an employee of the plaintiff-respondent and while being in the employment of the plaintiff, he was given a residential accommodation which is the property in dispute as a licensee. The services of the defendant-appellant were terminated and his licence to reside in the said residential premises was also terminated by a notice dated 10.12.1990. He was asked by the aforesaid notice to hand over the vacant residential premises on or before 1.1.1991. Since, the defendant- appellant failed to hand over the vacant possession of the premises, the plaintiff-respondent filed a suit for mandatory injunction directing the defendant-appellant to hand over the vacant possession of the residential apartment which is the property in dispute.

(3.) THE submission of the learned counsel for the appellant was two fold. Firstly, the Court fee paid treating the suit as a suit for mandatory injunction was insufficient as well as that the suit for mandatory injunction seeking a direction against the defendant to hand over the vacant possession was not maintainable and, in fact, a suit for possession ought to have been filed.