Santosh Kumar v. Col Satsangis Kiran Memorial Aipeccs Educational Complex & Anr

RAJIV SAHAI ENDLAW, J. OCTOBER 12, 2018 'gsr'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 12th October, 2018. + SANTOSH KUMAR ..... Appellant Through: Mr. Avniash Kumar Lakhanpal, Adv. Versus COL. SATSANGI'S KIRAN MEMORIAL AIPECCS EDUCATIONAL COMPLEX & ANR ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM Nos.42968/2018 & 42970/2018 (both for exemption) 1. Allowed, subject to just exceptions. 2. The applications are disposed of. RSA 148/2018 & CM No.42969/2018 (for stay) 3. This Regular Second Appeal (RSA) under Section 100 of the Code of Civil Procedure Code, 1908 (CPC) impugns the judgment and decree [dated 16th August, 2018 in RCA SCJ No.8/17 (CNR No.DLST03-000251-2017) of the Court of Senior Civil Judge (South)] of dismissal of First Appeal under Section 96 of the CPC filed by the appellant / defendant against the judgment and decree [dated 7th December, 2016 in CS No.83061/2016 of the Court of Civil Judge-02 (South)] allowing on admissions the suit of the respondents / plaintiffs for mandatory injunction directing and commanding the appellant / defendant to handover vacant and peaceful possession of one room on the ground floor of the property of the respondents / plaintiffs being a public school in the name of Col. Satsangi's Kiran Memorial Public School established by the respondent/plaintiff no.2 All India Personality Enhancement and Cultural Centre for Scholars Society and the hostel accommodation wherein was being managed by the respondent/plaintiff no.1 Col. Satsangi's Kiran Memorial AIPECCS Educational Complex. 4. The counsel for the appellant / defendant has been heard and the copies of the trial court record annexed to the memorandum of appeal perused. 5. The respondents / plaintiffs instituted the suit, from which this Second Appeal arises, pleading that (i) the respondent no.2 / plaintiff is a Society registered under the Societies Registration Act, 1860 and has established Col. Satsangi's Kiran Memorial Public School; (ii) the said school has a complex in the name of Col. Satsangi's Kiran Memorial AIPECCS Educational Complex which inter alia runs and manages the hostel for the students and also a residential complex for staff and teachers, run by the respondent no.2 / plaintiff Society; (iii) the appellant / defendant had been retained by the respondent no.1 / plaintiff for washing clothes of the students on piece rate basis fixed and decided mutually between the appellant / defendant and the respondent no.1 / plaintiff; (iv) the role of the appellant / defendant was confined only to washing the clothes of the students and to get payment from the respondent no.1 / plaintiff on piece rate basis; (v) for the said purposes, the appellant / defendant was provided two rooms for his residence-cum-washing in the property aforesaid of the respondents / plaintiffs; (vi) the license granted by the respondents / plaintiffs to the appellant / defendant in this regard was withdrawn in June, 2013 but the appellant / defendant did not leave the two rooms in which he was allowed to carry out his duties; (vii) the respondents / plaintiffs could take back possession of only one room on 11th January, 2014 but the appellant / defendant resisted vacating the other room; (viii) the appellant / defendant instituted a suit for permanent injunction for restraining the respondents / plaintiffs from taking possession of the other room but the said suit was dismissed vide judgment dated 15th July, 2015; (ix) in the aforesaid judgment, it was held that the status of the appellant / defendant was merely that of a licensee and which licence had been terminated on 11th July, 2013; (x) the application of the appellant / defendant for interim stay in the aforesaid suit was also dismissed and the appeal preferred by the appellant / defendant thereagainst also dismissed; and, (xi) the appellant / defendant, in the pleadings in the suit filed by him, also admitted being a licensee under the respondents / plaintiffs. Hence, the reliefs of mand