JAIWANT KUMAR JAIN Vs. SANTOSH DEVI

JUDGEMENT

(1.) These two second appeals are directed against the judgments and orders dated 4th October, 1976 of Shri H.K.S. Malik, Additional District Judge, Delhi. The short judgment staling the case is decided on the basis of the judgment of 'even date' is dated 27th August, 1976. This is apparently erroneously so dated as the main judgment is dated 4th October, 1976. It is conceded at the bar, that this is a mistake and it is deemed to be dated 4th October, 1976.

(2.) A suit was instituted by the plaintiff-appellant in 1968 against Mohinder Pal Jain, his ex-partner defendant/respondent No. 10 and Smt. Santosh Devi and her sons and daughters, respondents I to 8 whose predecessor Darga Prasad was the tenant of the suit premises under dependant/respondent No. 9 Mst. Kalsum Bi. He prayed therein for "a decree for declaration to the effect that the plaintiff is a lawful tenant in respect of godown Nr. Vl/1648 situated at Bazar Lal kuan, Delhi under the defendant No. 9 and the defendant I to 8 have no right or title in the same." The planit was later amended and an alternative prayer was made that it be declared that the possession of the plaintiff in respect of the above stated godown is lawful and he is a tenant under the defendants Nos. 1 to 8".

(3.) The trial court framed certain issues and these relevant to the matter under consideration are set out below: