KISHAN LAL Vs. RADHEY SHYAM

JUDGEMENT

(1.) The appellant filed a suit for injunction for restraining the respondents from dispossessing him from the disputed premises otherwise than by due process of law. The premises in disputed is first floor portion consisting of two kotharis, latrine etc. of house No. 338 situated at Boora Bazar, Deputy Ganj, Bulandshahr. The appellant claimed that he is tenant of the same since last about 30 years at the rate of Rs. 10.00 per month.

(2.) The respondents contested the suit and alleged that the appellant is trespasser. Both the Courts below have held that the appellant is trespasser and he is not the tenant of the premises in dispute; that he is illegal occupant. Therefore, he is not entitled to the relief of injunction. Aggrieved by it, the present appeal has been preferred.

(3.) I have heard Sri B. D. Mandhyan, learned counsel for the appellant and Sri Syed Mahmood, learned counsel for respondents 1 to 6.