- (1.) This second appeal is on behalf of heirs and legal representatives of Shri Ram Shanker who died during the pendency of appeal in the Court below and was a defendant in suit No. 323 of 1998 instituted by the sole respondent for mandatory injunction and damages directing the defendant to vacate the accommodation in his possession and to pay the damages for use and occupation of the premises in question.
(2.) The facts which are now not in dispute are that Ram Shanker Shukla, the defendant was employed as a manager by the plaintiff and in the course of employment the defendant was given possession of certain accommodation. The defendant retired on 30th June, 1994 but has failed to vacate the accommodation which was given to him as part of his employment. According to the plaintiff on May 21st, 1997 the defendant illegally trespassed over another hall towards East situate on the second floor of the building of plaintiff.
(3.) Suit No. 323 of 1998 was instituted claiming relief of mandatory injunction for direction to the defendant to remove his possession and hand over the vacant possession to the plaintiff and also to pay damages for the unauthorized use and occupation of the accommodation in question for the period commencing from the date of retirement i.e. 30th June, 1994 till the delivery of the possession.;