MOHAN LAL BHASIN Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 30 -10 -1985, passed by learned Civil Judge, Dehradun in civil appeal No. 59 of 1981, whereby judgment and decree dated 31 -08 -1981, passed by trial court (Munsif IIIrd, Dehradun) in original suit No. 320 of 1980, is set aside and suit is dismissed.

(2.) HEARD learned Counsel for the Appellant.

(3.) THE suit was contested by Defendant (Respondent) Kaushlya Devi, who denied the averments made in the plaint that the Plaintiff was her tenant. However, she admitted having purchased the property in the year 1971 from Duni Chand Pahwa. But she denied that Plaintiff ever paid any rent to Duni Chand Pahwa or was his tenant. It is pleaded by the Defendant that she had moved an application under Section 21 of U.P. Act 13 of 1972, in July 1980 for release of the house against Yogendra Pal Bhasin (Defendant), another brother of the Plaintiff (who was a admitted tenant) and to defeat the purpose of said application, the suit has been filed by the Plaintiff. The trial court on the basis of the pleadings of the parties, framed following issues: