of the denial on the part of the defendants to vacate the property, she is devoid of said income. Beyond 16.12.2018, the occupation of the defendants is illegal and unauthorised for which they are liable to pay damages at the rate of Rs.8,0 00/- p.m. for their illegal use and occupation. It is to be noted that, on going through the cross-examination of D.W.1, the learned counsel for the plaintiff has put a suggestion that if the suit schedule-B property is let out on monthly rental basis, it will fetch monthly rent of Rs.7,000/to Rs.8,000/-. It is significant to note that during the course of cross-examination of P.W.1, the learned counsel for the defendants has confronted the legal notice dated 16.6.2014 issued by the plaintiff to the defendant No.1 and his brother Gangadhar, wherein it is mentioned that this day onwards i.e. from the date of issuance of notice, both have to pay a sum of Rs.5,000/- each as damages for occupying the schedule property till vacating the same. However, the said notice was issued in the year 2014 and thereafter the paintiff has filed the suit in the year 2019. Under such circumstances, considering the materials placed on record and the evidence of both parties, I am of the opinion that if the defendants are directed to pay a sum of Rs.7,000/- p.m. by way of damages for their illegal use and occupation, from the date of suit till the defendants vacate and hand over the vacant possession in favour of the plaintiff, it would meet the ends of justice. Accordingly, my answer to Issue No.5 is Partly in Affirmative.”
