VIJAY KUMAR Vs. DHARAM PAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been listed after notice had been served on the Respondent No. 1 and learned Counsel has entered appearance and has filed counter affidavit on his behalf.

(3.) One Dharam Pal, Respondent No. 1 herein, filed a suit for possession by claiming that he had purchased two properties situated at Nakodar by two conveyances dated 24th April, 1959 and 12th June, 1959. It is his further case that having raised constructions in the said properties after obtaining sanction from the Municipality and having recorded his name in the House Tax Records as an assessee of the local body, he proceeded to the United Kingdom in 1964 and at the time of leaving, he had handed over possession of the said properties to his father, who was living along with his other son, Mr. Ram Aggarwal. Subsequently, the father of the Respondent No. 1 also left for England and died there in 1970. The brother of the Respondent No. 1/plaintiff, Mr. Ram Aggarwal, thereafter started a business in the said premises under the name and style of Vijay Agencies and remained in possession thereof as licencees of the Respondent No. 1. On being asked to hand over possession of the suit properties by the Respondent No. 1, Mr. Ram Aggarwal, refused to do so, which resulted in the filing of the civil suit, after revocation of the licence.