KANHIAYA LAL Vs. MAHANT INDRESH DASS

JUDGEMENT

(1.) THIS is a defendant's Second Appeal in a suit for possession and mesne profits, which was dismissed by the trial Court, but has been decreed by the lower appellate Court.

(2.) THE accommodation was a small space in a verandah opening on the Chakarata Road at Dehradun, which forms part of a residential house. A part of the space is the verandah and a part of it is open. According to the plaintiff's case, its dimensions are 8'x18'. The house of which the verandah and the land formed was alleged to have been given by the first plaintiff who is the Mahant Sajjada Nashin, Darbar Guru Ram Rai Sahib Jhanda, to the second plaintiff's husband. Murari Dal Saklani, who was an employee of the said Darbar, to live in as a licensee. On the death of Murari Lal, his wife, plaintiff No. 2, and children were allowed to continue living in the house. Murari Lal, it was said, had allowed the defendant to occupy the space in the verandah, and, in front thereof up to the Chakrarata Road, for opening a betel shop, and that the relations between Murari Lal and the defendant being very cordial, the defendant was allowed to do so without any charge. His position was that of a licensee without any payment. It has been alleged that the defendant covered the open space abutting the portion of the verandah given to him with tin sheets over a length of about 4 towards Chakrata Road. After the death of Murari Lal, the defendant started quarrelling with the second plaintiff and made it difficult for her to live in the house. Consequently, a notice, dated the 28th January, 1972, was served on the defendant requiring him to vacate the accommodation and removing the structures of his shop within seven days, instead of comply with the notice, the defendant sent a letter, dated the 5th July, 1972 claiming that he was a tenant under Murari Lal on payment of Rs. 3 per month as rent. A complaint was thereafter filed by the second plaintiff against the defendant, which ended in the latter's conviction on the 2nd July, 1974. The sum of Rs. 720 was claimed as damages at the rate of Rs. 20 per month for three years before the institution of the suit. Pendente lite and future damages were also claimed at the same rate.

(3.) THE following are the issues, on which the parties went to trial :-