JIT SINGH Vs. PRITHI SINGH

JUDGEMENT

(1.) This regular second appeal arises out of a suit for mandatory injunction filed by the respondent directing the defendant to vacate the suit property. The suit has been decreed and first appeal filed by the defendant along with cross objections preferred by the plaintiff have been dismissed. Thus, a decree for mandatory injunction has been passed directing the defendant to vacate the suit property and handover vacant possession. He has further been directed to pay mesne profits amounting to Rs.99,000.00along with future interest @ 6% per annum till the date of realization.

(2.) The case set up by the plaintiff was that a plot was allotted to him in the year 1984 on which a house was constructed by him about 6-7 years later. Initially, the property was rented out as the plaintiff was residing in accommodation provided to him by his employer i.e. Panjab University. Thereafter, the defendant (being blood brother) was permitted to reside therein as licensee till the plaintiff retired from service. The last instalment was paid in the year 2012. The water and electricity meter were in his name. In the year 2013, differences arose with the defendant as he did not permit the plaintiff to construct a first floor. He retired on 30/8/2014 and requested the defendant to handover possession which was refused. Licence was revoked on 15/9/2014 and suit was filed on 7/10/2014.

(3.) In his written statement, the defendant claimed title to the suit property. It was stated that although application for allotment of plot was submitted in the name of the plaintiff, all instalments had been paid by him. The receipts evidencing payment of instalments were handedover to the plaintiff in good faith. Construction was also raised by the defendant. In the alternative, it was pleaded that title had been acquired by way of adverse possession. A meeting had been held with relations wherein the plaintiff had agreed to sell the property on payment of Rs.13.5 lacs. Receipt of notice revoking the licence was denied.