P. K. Bahri, J. (Oral)

( 1 ) THIS is second appeal arising from the judgment and decree dated December 24, 1976, of an Additional District Judge by which he had dismissed the appeal with costs against judgment and decree dated July 16, 1975 of a Sub Judge, by which a suit was decreed for recovery of possession in respect of house bearing No. 10462, Bagichi Pirji, Qasimpura, Subzi Mandi, Delhi. (Ward No. 12 as depicted in red colour in Ex. PW7/8) and decree of recovery of Rs. 382/32p as mesne profits was also passed with costs.

( 2 ) ACCORDING to the case set up by the respondent/plaintiff, she had obtained perpetual lease of the land measuring 14 Bighas 10 Biswas in Khewat and Khata No. 204/246 comprising of Khasra Nos. 420,421,252/5 and 423. This lease-deed is dated March 3, 1943. Ex. P1 is the copy of the said registered lease-deed. Ex. P2 is the copy of the map showing the said land which was leased out to the respondent which was also registered alongwith the lease-deed. There were certain unauthorised occupants in the property located in the said land which bore Municipal Nos. 12003 and 11991 (Old) and a suit was filed by the respondent against the said unauthorised occupants i

Click Here to Read the rest of this document