Madhu Mallick @ Madhulata Mallick v. Nehru Bal Samiti (Regd) Thr Its Joint Secretary Rama Govil

RAJIV SAHAI ENDLAW, J. JANUARY 28, 2016 "gsr"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th January, 2016 + RFA 751/2015 & CM Nos.25327/2015 (for stay) MADHU MALLICK @ MADHULATA MALLICK..... Appellant Through: Ms. Deepali Gupta, Adv. Versus NEHRU BAL SAMITI (REGD) THR ITS JOINT SECRETARY RAMA GOVIL ..... Respondent Through: Mr. Sanjay Sawhney, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. On 19th January, 2016, when this appeal came up for admission, the following order was passed: "1. The appeal impugns the judgment and decree dated 31st July, 2015 of the Court of Shri Sunil Chaudhary, Additional District Judge- 12, Central District, Tis Hazari Courts, Delhi on admissions of recovery of possession of Room No.9 situated in property bearing Khasra No.376M, Masjid Moth Development Area, New Delhi from the appellant. 2. Notice of the appeal was issued and the counsel for the respondent appears. 3. The appeal is accompanied with CM No.25328/2015 for waiver of 50% of the total Court fees of Rs.7,000/-. However the appellant in the application has not stated any grounds for waiver of the Court fees. Moreover, there is a procedure prescribed therefor of appealing as an indigent person and the application is misconceived and is dismissed. Steps be taken against the appellant for recovery of the balance Court fees. 4. Though the Trial Court record has not been requisitioned but the decree impugned being on admissions, need therefor is not felt and it is deemed expedient to hear this appeal today itself as the appellant who is also present in person along with the counsel, appointed by the Delhi High Court Legal Services Committee to assist her, is not agreeable to pay any mesne profits during the pendency of the appeal. Moreover the suit from which this appeal arises is of 2007 vintage and it is not deemed expedient to deprive the respondent any further from the room aforesaid in the school being run by the respondent in the said premises if were to be found entitled thereto and that too without the appellant depositing any mesne profits. 5. However at this stage it is found that the appeal is not even accompanied with the copy of the pleadings on the basis of purported admissions wherein the decree was passed. 6. The Trial Court record be requisitioned for through special messenger. 7. List on 28th January, 2016." 2. The Trial Court file has been received and perused and counsels heard. 3. The respondent filed the suit from which this appeal arises for ejectment of the appellant from Room No.9 within the property of Nehru Bal Samiti, Opposite R-2, South Extension Part-II, near Jain Mandir, New Delhi and for recovery of mesne profits / damages for use and occupation pleading i) that the respondent / plaintiff, a Society registered under the Societies Registration Act, 1860, was/is inter alia running an unaided recognised primary school upto Class V in the name and style of Bal Vikas Vidhyalya at Masjid Moth, New Delhi; ii) that the land underneath the said school was granted on perpetual lease to the respondent / plaintiff; iii) that the appellant / defendant in July, 2004 had approached the respondent / plaintiff offering her voluntary services for the school aforesaid and the respondent / plaintiff believing the representation made by the appellant / defendant qua her educational qualifications allowed the appellant / defendant to join the respondent / plaintiff to render her services as voluntary honorary worker; iv) that the respondent / plaintiff also arranges classes in the aforesaid premises on hourly basis for rendering service to National Institute of Open School, New Delhi and to help the appellant / defendant, started paying her a sum of Rs.3,000/- for the services being rendered by the appellant / defendant; v) that the appellant / defendant on her request was also allowed to use Room No.9 in the property of the respondent / plaintiff at South Extension Part-II on leave and licence basis for her residence; vi) that however upon the failure o