RAMA SHANKER Vs. BIDHEY KHAN

JUDGEMENT

(1.) THE present appeal by the plaintiff is directed against the judgment and decree of the 2nd Additional Civil Judge, Agra, dated 1st November, 1966.

(2.) THE plaintiff filed a suit for ejectment, arrears of rent and mesne profits against the defendants on the allegation that defendant No. 1 was his tenant in respect of the disputed open plot while defendant No. 2 was the sub-tenant. The claim was resisted by the defendants on the allegation that the disputed plot belonged to defendant No. 2 and defendant No. 1 had been in possession with his leave and licence. It was further pleaded that he had, subsequently, surrendered his interest in favour of defendant No. 2 and that defendant No. 1 had no interest whatsoever in the toll business carried on on this piece of land.

(3.) SRI K.C. Saxena, appearing for the appellant, raised two contentions :