K RAJU Vs. M RAJU

JUDGEMENT

(1.) THE plain tiff is the appellant in this second appeal against the reversing judgment in A. S. No. 13 of 1981 on the file of the subordinate Judge, Tirup pur. According to the plaintiff, he was the tenant for five years from 20. 1. 1974 under the 1st defendant-1st respondent, of the suit land and has put up the superstructure thereon and the 2nd defendant-2nd respondent was looking after the tea stall run by the plaintiff therein, but the 1st defendant unlawfully dispossessed him by getting back possession from the 2nd defendant on 21. 3. 1978. Hence he sought for re-delivery in the suit O. S. No. 185 of 1978.

(2.) ACCORDING to the 1st defendant, there was no lease for five years, the plaintiff was only a monthly tenant, and since the plaintiff had sub-leased the premises to the 2nd defendant, the plaintiff ceased to be a tenant and the 2nd defendant had voluntarily delivered possession to the 1st defendant. ACCORDING to the 2nd defendant, he was lessee under the plaintiff, on 21. 3. 1978 when he returned from his native place, he found that the 1st defendant had locked the premises and subsequently the 1st defendant refused to open it.

(3.) THE learned Counsel for the 1st respondent reiterates that the reasoning of the lower appellate Court is right.