SATYA NARAIN MEHROTRA Vs. SHAKUNTALA KAPOOR

JUDGEMENT

(1.) R. K. Mahajan, J. This is an appeal against the judgment and decree of Shri B. D. Agarwal, District Judge, Kanpur in Civil Appeal No. 335 of 1982 Satya Narain Mehrotra v. Smt. Shakuntala Kapoor. It is very interesting case.

(2.) THE following facts are undisputed. THE dispute relates to a portion on the ground floor comprising of one room, verandah, latrine and bath-room in premises No. 15/291-A, Civil Lines, Kanpur. Admittedly, Shri Surendra Nath Mehra was a tenant in this premises as per the finding of the two lower Courts. He left for Calcutta on 30th May, 1979 without the permission of the plaintiff with all bag and baggage as he wanted to start new evocation in his life there. Admittedly, the first floor portion of the building was under the tenan cy of the appellant-tenant since 1955 at the rate of Rs. 87. 50 per month. THE portion of the ground floor was left out in July, 1965 at the rate of Rs. 58. 50 per month.

(3.) WHETHER the defendant-appellant being the joint tenant of the premises in dispute or in the alternative being in possession of the premises in dispute, a mere suit for injunction was main tainable or not? 5. The plea of the appellant is that he was a co-tenant with his brother which was repelled by both the Courts below by sound reasonings. Since this finding of fact is by two Courts and I find no illegality in the appraisal of evidence or discussing of some important documents while arriving on a conclusion regarding this finding. So this finding is not disturbed and is maintained.