RAWEL SINGH Vs. NANGI

JUDGEMENT

(1.) The appellant has been served. None has appeared for him.

(2.) In the order dated 20th July, 2010, it had been noted that Mr. Ishwar Sahai, counsel appearing on behalf of the appellant had expired. Court notice had been ordered to the appellant.

(3.) This appeal has impugned the judgment dated 21.10.1988 which had endorsed the finding of the trial judge dated 12.09.1988 thereby dismissing the suit of the plaintiff. The appellant is the plaintiff before this court. He had filed a suit for recovery of possession of one room on ground floor of house no. 3159-3161, Kucha Tara Chand, Darya Ganj, Delhi as also for damages. He had averred that the defendant is a tenant. The defence of the defendant was that the original tenant had died leaving behind a son and a daughter, namely, Sh. Nannu Mal and Smt. Rukoo. Smt. Rukoo was paying rent of the premises to the plaintiff who had accepted the same. No notice of termination had been issued. Trial court had dismissed the suit holding that deceased Rukoo and her brother, Sh. Nannu Mal were both tenants having jointly inherited the tenancy from Smt. Kaloo, the original tenant. The civil suit was barred.