GIAN CHAND Vs. BRIJ LAL

JUDGEMENT

(1.) This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

(2.) Appellant-defendants, have filed this appeal being aggrieved of judgment and decree dtd. 25/7/2017, passed by the learned Civil Judge (Jr. Division), Ambala, as well as judgment and decree dtd. 23/3/2021, passed by the learned Additional District Judge, Ambala, whereby suit filed by the plaintiff-respondent, has been decreed.

(3.) Brief facts necessary for adjudication of the case are that respondent-plaintiff filed a suit for possession by way of mandatory injunction directing the appellant-defendants to handover vacant possession of the suit property as detailed in the plaint and for grant of mesne profit at the rate of Rs.2500.00 per month for unauthorized use and occupation of the said property. It is pleaded that plaintiff was the owner of the suit property, which was purchased by him vide registered sale deed dtd. 13/4/1987. His sister namely Maina Devi @ Premwati used to live in a temple at Ambala City along with her two unmarried daughters. Defendants are the sons of his sister (since deceased). Plaintiffs sister could not get her daughters married as they used to reside in the temple. Premwati @ Maina along with two other sisters namely Tulsi Devi and Bhagwati Devi (since dead) approached the plaintiff and asked him to handover keys of the house in question to Premwati @ Maina Devi with an assurance that after the marriage of both the daughters, she would handover vacant possession of the house to him.