SITA RAM Vs. SHANKER LAL

JUDGEMENT

(1.) SUNIL Ambwani, J. These two second appeals arise out of common judgment dated 17-12-1979 in Civil Appeal No. 30 of 1979 and 36 of 1979 (cross-appeal) against the judgment and decree dated 2-1-1979 passed by 4th Munsif, Jhansi dismissing suit Nos. 155 of 1971 and 7 of 1971, by judgment dated 2-1-1979.

(2.) THE plaintiff Sita Ram filed suit No. 155 of 1971 for ejectment of defendant Shanker Lal from the disputed house and for damages with the allegations that he had allowed the defendant to occupy a room in the house as licensee for his services. THE license was revoked but he did not vacate the disputed portion.

(3.) THE trial Court held that the defendant Shanker Lal is not the adopted son of the plaintiff Sita Ram. Sita Ram is the exclusive owner of the house. It is not his ancestral property. THE defendant is plaintiffs licensee. A valid notice of termination of defendant's license was not served and thus the defendant Shanker Lal cannot be ejected. THE suit for ejectment was dismissed. THE suit for permanent injunction, however, restraining the defendant from interfering in plaintiff use of common paur and chowk was decreed.