KEWAL KRISHAN JAITELY Vs. ACHARAJ RAM KAPUR

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.03.2005 passed by the learned Additional District Judge as the First Appellate Court whereby the judgment and decree dated 28.03.1998 passed by the Court of Civil Judge in a suit filed by one Shri Achraj Ram Kapur, who died during the pendency of this appeal and is now being represented by his legal heirs, against the appellant herein for a decree of possession and mesne profits in respect of the suit land had been affirmed.

(2.) This being a second appeal under Section 100 of the Code of Civil Procedure was admitted for hearing on the following two substantial questions of law which appeared to this Court to be arising in the matter for consideration and decision:-

(3.) Before proceeding further to decide these questions of law the relevant facts leading to the filing of this appeal may be noticed. Late Shri Achraj Ram Kapur(hereinafter to be referred to as the deceased plaintiff?) had filed a suit for possession and mesne profits in respect of a small piece of land on the back of shop no. 25 in Old Rajinder Nagar, New Delhi against the defendant and one other person also to whom the defendant had allegedly been put in possession thereof but that person was subsequently dropped by the deceased plaintiff. According to deceased plaintiff that shop was being used by him and the defendant as partners of a partnership firm from September, 1961 but later on the defendant started claiming that he was in fact a tenant thereof from the year 1961. The deceased plaintiff instead of fighting a legal battle to have a decision from the Court that the defendant was not his tenant decided to accept the defendant?s claim that he was a tenant of the shop under him.