SHEIKH ABEDDIN Vs. IQBAL AHMED

JUDGEMENT

(1.) Consequent to the dismissal, by the learned Additional District Judge ("the learned ADJ"), of RCA 65/2020, preferred by the appellant against the order dtd. 16/10/2020, passed by the learned Senior Civil Judge ("the learned SCJ") in CS 50364/2016, instituted by the respondents against the appellant, the appellant has preferred this second appeal before this Court under Sec. 100 of the Code of Civil Procedure, 1908 (CPC).

(2.) CS 50364/2016, instituted by the respondents against the appellant, sought a mandatory injunction directing the appellant to vacate the plot at P-229, Khasra No. 431/260, Joga Bai Extension, Nafees Road, Batla House, Jamia Nagar, Okhla, New Delhi ("the suit property") and to handover possession of the suit property to the respondents, along with a decree for mesne profits.

(3.) The plaint asserted that Respondent 1, who was in possession of the suit property, whereon he had constructed two rooms and a boundary wall, had permitted the appellant to look after the suit property, on license basis, as a chowkidar/caretaker. Reliance was placed, in the plaint, on a mutual agreement dtd. 29/7/2009, which recognized the appellant to be the caretaker and licensee of the respondents. Vide notice dtd. 24/3/2014, Respondent 1 had revoked the license of the appellant and called upon him to vacate the suit property, but as the appellant failed to do so, respondents, vide the suit, sought eviction of the appellant from the suit property and restoration of possession of the suit property to the respondents, apart from mesne profits.