SETH SHYAM LAL BHATIA Vs. HARI CHAND

JUDGEMENT

(1.) BOTH these appeals, preferred under Section 100 of the Code of Civil Procedure, 1908, are directed against the common judgment and decree dated 21 -02 -1987, passed by II Addl. Civil Judge, Dehradun, in Civil Appeal No. 143 of 1980; and Civil Appeal No. 132 of 1980, whereby Civil Appeal No. 132 of 1980 was dismissed, while Civil Appeal No. 143 of 1980 was partly allowed.

(2.) HEARD learned Counsel for the parties and perused the lower court record. Mr. Ramji Srivastava, learned Counsel for the Respondents states that he has no instructions on behalf of the Respondents.

(3.) IN suit No. 41 of 1969, Hari Chand sought specific performance of contract with the allegations that he had a joint business with the opposite party Seth Shyam Lal Bhatia, who shifted his business from Haridwar Road to Gandhi Road in the disputed premises. It is alleged that the parties agreed that on payment of Rs. 8, 000/ - by Hari Chand, Seth Shyam Lal Bhatia would leave the premises. Said suit was contested by Seth Shyam Lal Bhatia, who filed his written statement with the pleadings that it is admitted to him that there was a partnership between the two from 1959 to 1964. The rest of the contents of the plaint filed by Hari Chand were denied. It is alleged by Seth Shyam Lal Bhatia that Hari Chand was his tenant on rent at the rate of Rs. 80/ - per month, over the plot in suit. It is further alleged by him that the Defendant was never permitted to raise permanent construction over the land in suit. It is further alleged that the tenancy of Hari Chand has been terminated.