M/S Unichem Laboratories Ltd vs Rani Devi & Ors

7) The State Government constructed several houses in accordance with the provisions of the Act and allotted, quarter Nos. 5,6,7,8,11 and 12 in Block No. 59 at Industrial Labour Colony, Ghaziabad to the appellant vide order dated 29.04.1971 so as to enable the appellant to allot these houses/quarters to the workers for their use and occupation while they were in the appellant's employment. The allotment order issued by the State, inter alia, provided that, (1) monthly rent of each quarter would be Rs. 23/-; (2) The quarters would be used only for residence by the eligible worker; (3) The allottee of the quarter shall deposit security money of Rs. 46/- per quarter and will also execute agreement as prescribed before occupying the quarter; and (4) In the event, it is found that the allotment is made to ineligible worker, his tenancy shall cease attracting penal action as provided under the Act/Rules etc.

10) The appellant, therefore, filed a civil suit in the year 2001 being S.C.C. No 39/2001 before the Additional District & Sessions Judge, Ghaziabad against the respondents. The suit was for respondent's eviction from the quarter in question and also for claiming damages for its use and occupation payable from 30.06.1992. It was alleged that the allotment period having come to an end on the date of retirement of Dharam Dev Yadav on 12.01.1992 and the same having been extended for six months till 30.06.1992, he was under legal as well as contractual obligation to vacate the quarter on and after 30.06.1992. It was alleged that the respondents, who claim through Dharam Dev Yadav had no independent right to remain in occupation of the quarter because they were neither in the appellant's employment and nor any allotment order had been issued by the appellant or/and the State in their favour in relation to quarter No. 5. It was alleged that the respondents are, therefore, in illegal occupation of the quarter in question as trespasser and hence were liable to be evicted from the said quarter.

32) The Trial Court was, therefore, justified in recording the aforesaid findings against the respondents and was also justified in passing decree for eviction and recovery of rent by way of damages against the respondents. We find no good ground to interfere in any of these findings. They are accordingly upheld.

37) It is not for this Court to examine this question in these proceedings for the simple reason that this appeal is confined only to examine the legality of an order passed by the High Court in the eviction suit. We, therefore, express no opinion on this question.

38) In the light of foregoing discussion, we cannot concur with the reasoning and the conclusion of the High Court. The appeal thus succeeds and is allowed. The impugned order is set aside and that of the Trial Court is restored.

39) The respondents are granted 3 months’ time to vacate the suit quarter provided they deposit the entire decreetal amount awarded by the Trial Court and also deposit the three months’ rent by way of damages for use and occupation at the same rate determined by the Trial Court.

40) Let the decretal amount be deposited in the concerned Trial Court within one month. Failure to deposit the amount within one month will entitle the appellant to execute the decree forthwith. In S.L.P.(c) Nos. 13070 of 2013 and 27328 of 2014 Leave granted.

In view of the aforesaid judgment passed in appeal arising out of S.L.P.(c) No. 11472 of 2013, these appeals are also allowed on the same terms and conditions.

April 18, 2017