RAM SHANKAR Vs. BIDHEY KHAN AND ANOTHER

JUDGEMENT

(1.) The present appeal by the plaintiff is directed against the judgment and decree of the 2nd Additional Civil Judge, Agra, dated November 1, 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 this piece of land.

(3.) The trial Court accepted the plaintiff's case and decreed the suit. It definitely found that there was a relationship of landlord and tenant between the parties and that the suit was neither barred by time nor adverse possession, that the suit was not barred by estoppel and acquiescence and that the defendants had not paid rent to the plaintiff. On appeal by the defendants, the lower appellate Court reversed the judgment and decree of the trial Court holding that the plaintiff had failed to prove the contract of tenancy, as set up by him. The plaintiff has now come up in second appeal to this Court to challenge the judgment and decree of the 2nd Additional Civil Judge, Agra.