KANHAIYA LAL Vs. VIJAY KANT MISHRA

JUDGEMENT

(1.) ard Shri V.K. Srivastava, learned counsel for the appellants, Shri Anurag Shukla, learned counsel for the respondent and perused the record.

(2.) Facts in brief of the present case are that Shri Bhikari Lal (now deceased) had filed a suit for possession, dispossession and recovery of damages registered as Regular Suit No. 269/88 "Bhikhari Lal Vs. Kanhaiya Lal and another". Thereafter, defendants/appellants filed written statement in which they had taken a defence that they are tenants of the premises in question and plaintiff is landlord. After exchange of the pleadings between the parties, the trial Court had framed six issues. Issue No. 1 reads as under :-

(3.) On the basis of the material on record/evidence, the trial Court came to the conclusion that the defendants/appellants are the licensee of the plaintiff/respondent and decreed the suit filed by the plaintiff and awarded a sum of Rs. 300.00 as damages against the defendants/appellants w.e.f. 12.11.1986 till the vacation of the premises, by means of the judgment and decree dated 23.09.1998.