SUMAN SINGH Vs. BHARAT LAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) On 30.11.2011 when arguments were heard in these appeals and judgment was reserved only Second Appeal No.423 of 2008 was on the list. However learned counsel for both the parties stated that against the same judgments which were challenged through Second Appeal No.423 of 2008, another Second Appeal i.e. Second Appeal No.463 of 2008 was also pending in which same learned counsel were appearing. Accordingly, file of the said second appeal was also summoned and arguments were heard in both the appeals.

(3.) These second appeals arise out of O.S. No.296 of 2000 filed by Bharat Lal and his wife Smt. Shila Devi against Smt. Suman Singh and her husband Devendra Kumar Singh. Plaintiffs respondents alleged that they were tenants of the property in dispute on behalf of defendants appellants and they sought a decree for permanent prohibitory injunction seeking to restrain the defendants respondents from either interfering in the possession of the plaintiffs or evicting them forcibly except in accordance with law. The defendants appellants pleaded that plaintiffs respondents were not the tenants they were licensees and the licence had been terminated. Defendants also filed counter claim for possession. Additional Civil Judge, Junior Division, Court No.5, Varanasi through judgement and decree dated 24.08.2007 dismissed the suit and decreed the counter claim of the defendants directing the plaintiffs to deliver possession to the defendants. Against the said judgment and decree plaintiffs respondents filed Civil Appeal No.82 of 2007. Defendants appellants also filed Cross Appeal No.91 of 2007 as the trial court had not awarded any damages/ mesne profits to them. The lower appellate court/ A.D.J., Court No.8 Varanasi allowed the appeal of the plaintiffs respondents and dismissed the appeal of the defendants. The suit was decreed and counter claim was dismissed. These appeals have been filed against the decree passed by the lower appellate court dated 22.01.2008.