RAM NARAIN Vs. RAM KUMAR

JUDGEMENT

(1.) This second appeal has been directed against the order dated 22nd August, 1987 passed by Shri S.M. Aggarwal, Additional District Judge, Delhi. In this appeal the appellants seek the reversal of the decree passed by the Courts below in favour of the plaintiff and against the defendants for possession of the ground floor of premises No. 925 situated at Gali Inderwali, Kucha Patiram, Bazar Sita Ram, Delhi.

(2.) The case set up by the plaintiff-respondent No. I is that the plaintiff filed a suit for possession of the ground floor of the premises in dispute i.e. No. 925, Gali Inderwali, Kucha Patiram, Bazar Sita Ram, Delhi, on the ground that his father, Shri Babu Ram, was the tenant of a portion of the premises of Shri Sultan Singh, and after his death, his widow, -Smt. Kapuri Devi, and now defendant No. 3, Banarsi Dass, adopted son of Shri Sultan Singh. The plaintiff respoddent No. 1, Ram Kumar, also has taken on rent from Sultan Singh, a Kothri at a monthly rent of Rs. 6.00 . Ram Narayan, defendant No. 2-appellant No. I, is the real brother of Ram Kumar, plaintiff-respondent No. I, who is occupying the Kothri and a portion of a hall as a licensee of plaintiff-respondent No. I, Ram Kumar. However, the licence of Ram Narayan, appellant No. 1 was revoked but he failed to deliver the possession of the premises, namely Kothri and a portion of the hall. Ram Narayan, brother of plaintiff-respondent NO. I, and the son of Ram Narayan, ViJay Kumar in the written statement have set up their case that appellants 1 & 2 that after the death of Babu Ram, father of plaintiff-respondent No. I, and defendant No. 2, all his sons, namely Ram Bharose Lal, Ram Kumar, Prem Chand and Ram Narayan became the tenants as they inherited the tenancy rights and defendant No. 2 is the tenant in his own right. However, his brothers,, namely. Ram Bharose Lal and Prem Chand surrendered their tenancy rights. However, defendant No. 2-appellant No. 1 continued to be the tenant in his own right.

(3.) On the pleadings of the parties, the following issues were framed j