LAWS(MPH)-2010-1-138

HARVEER SINGH Vs. KISHAN SINGH TOMAR

Decided On January 15, 2010
HARVEER SINGH Appellant
V/S
SHRI KISHAN SINGH TOMAR Respondents

JUDGEMENT

(1.) This judgment disposes of Second Appeal Nos. 108/00, 62/00 and 206/00, as they arise from a common suit.

(2.) Subalal, the original plaintiff, instituted a suit for eviction and recovery of arrears of rent on 4-11-1985 against Harveer Singh and Shri Kishan Singh Tomar with allegations that the defendant No. 1 (Harveer Singh) had obtained the suit shop from the plaintiff on rent @ Rs. 400/- per month vide rent note dated 20-2-1980. He sublet it to defendant No. 2 (Shri Kishan Singh Tomar) and parted with possession of the suit shop in favour of defendant No. 2, who is running a shop of motor parts in it. Suit shop is required bona fide for the plaintiffs son, namely, Bahadurlal to start a business of grains.

(3.) Defendant No. 1 submitted his written statement and denied the claim of the plaintiff. He denied to have executed the alleged rent note and equally denied, to have obtained, the suit shop on rent from the plaintiff. He also denied to have parted with possession of the suit shop in favour of defendant No. 2. Alleged genuine requirement for the plaintiffs son was also denied.