MAHMOOD HASAN Vs. NATHU RAM

JUDGEMENT

(1.) D. C. Srivastava, J. This is defendant's second Appeal. The brief facts are that the plaintiff Mahmood Hasan was in occupation of shop No. 21, Jhanda Market, Dehradoon. The landlord of this shop is Darbar Gururam Rai Sahab, Dehradun. It was let out to the plaintiff-respondent in the year 1934 on monthly rent of Rs. 14. 62. In the year 1964 the plaintiff-respondent took another shop on lease and started tailoring business therein. On account of his of ill health the plaintiff-respondent on 15-8-84 decided to run a bangle business in the disputed shop and one Ratan Lal was made partner of this business. In April 1969 the appellant was employed as servant by Ratan Lal. Ratan Lal always represented that Mahmood Hasan was servant of the firm. In the year 1973 the partnership between Ratan Lal and the respondent came to an end. It was alleged that Ratan Lal in collusion-with the defendant-appellant got the disputed shop allotted in the name of the appellant. This allotment was cancelled in the year 1978. The appellant was considered to be trespasser. A suit for his eviction was filed as trespasser.

(2.) THE suit was contested by the appellant on numerous grounds. He admitted that Darbar Guru Ram Rai Saheb is the owner of the shop. It was pleaded that in the year 1964 the plaintiff had vacated the shop and since then the defendant-appellant was in possession. He denied other allegations made in the plaint. At one stage he pleaded that he become owner by virtue of adverse possession. It was also denied that he was servant of the firm Ratan Lal and Nathu Ram. At another place he pleaded that he was tenant in his own right and that the shop was allotted in his name. A revision was preferred against the allotment order in the nature of regularization under Section 14 of the U. P. Act No. 13 of 1972 which was allowed and the matter has been remanded. Since the proceedings before Rent Control and Eviction Officer are pending, it was pleaded that the suit is not maintainable.