RISHI KUMAR Vs. DAYA SHANKER DAUNESIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is a second appeal filed by the defendants / appellants. The brief facts, as stated in the plaint, are that the plaintiff / respondent filed a suit for possession of the property in question on the ground that initially said shop was given on rent at the rate of Rs.150/- per month to one Sri Satya Dev Paliwal. He was doing business in the name and style as Paliwal Company Arms and Ammunition. He does not pay rent and on 01.03.1983 without payment of rent he has sub-letted shop in question to husband of the defendant No.4. It was also alleged that Late Mata Prasad has got no right to remain in possession of the property in dispute. In 2007, Sri Mata Prasad died and the defendant No.1 is doing business illegally in the said shop. In the month of June 2007, the District Magistrate on an application sealed the shop in question on the ground that the defendant No.1 is doing business illegally without any licence. A notice regarding vacation of the shop and handing over the possession was given, but the possession of the said shop has not been handed over.

(3.) The defendants raised an objection that suit itself is not maintainable in view of the fact that original tenant has not been impleaded as a party, therefore, the suit should be dismissed for non-joinder of the necessary party. The trial court after considering the evidence on record and pleadings of the parties vide judgment and order dated 30.09.2009 was pleased to decree the suit holding therein that admittedly the defendants are unauthorized occupants of the shop in question being the fact that original tenant Sri Paliwal has got no right to sub-let the said accommodation. The appeal filed by the defendants / appellants has been dismissed vide judgment and order dated 25.03.2011 confirming the findings recorded by the trial court. Hence, the present appeal has been filed.