SATISH VERMA & ORS Vs. SHARBATI DEVI

JUDGEMENT

(1.) CM No.44864/2016

(2.) Learned counsel for the appellants has submitted that in the statement before the police the respondent/defendant admitted himself to the tenant under Chander Mal. The appellants are claiming their ownership on the basis of Will executed by Sh. Chander Mal thus being a tenant the respondent/defendant cannot challenge the ownership of the landlord or dispute the relationship of landlord and tenant between the parties. Thus, the findings by the Courts below being perverse are liable to the set aside.

(3.) In brief the case of the appellants is that Civil Suit No. 293/2011 was filed by the appellants/plaintiffs against Smt.Sharbati Devi widow of late Sh. Phool Singh praying for a decree of ejectment in respect of the suit property as well decree for recovery of Rs.31,000.00 with interest towards damages and mesne profit with effect from 1.8.2011.