JAWALA SINGH Vs. PREM SINGH

JUDGEMENT

(1.) The question for determination is whether the appellant has succeeded in establishing that he was a tenant and could as such institute the suit, out of which this appeal has arisen. The appeal is directed against the decree dated the 19th of January, 1966, made by the Additional District Judge, Delhi, by which the plaintiff's appeal against the dismissal of his suit by the trial Court was dismissed.

(2.) The appellant instituted a suit on the 27th of February, 1963, describing himself in the heading of the plaint:

(3.) Dealing with issues Nos.1 and 10 together, the trial Court came to the conclusion that the plaintiff was not the tenant under defendant No.3. it was found that the Amrit Transport Company was the tenant. It was noticed that defendant No.3 appearing as D.W.7 had stated that Amrit Transport Company was the tenant in a portion of the property bearing municipal Nos.4691 to 4697. The trial Court further held that respondent No.1 was not a licensee under the appellant. On those findings the suit was dismissed.