DARSHAN SINGH Vs. KUSHAT ASHRAM (REGD )

JUDGEMENT

(1.) The application is allowed and the substantial questions of law as framed therein by the counsel for the appellants are taken on record.

(2.) This appeal has been preferred by the defendant. He is aggrieved by the findings recorded in judgments dated 30.11.1982 and 1.8.1984 passed respectively by the Sub Judge Ist Class, Ludhiana (hereinafter described as 'the trial Court') and the Additional District Judge, Ludhiana (referred to hereinafter as 'the first appellate Court').

(3.) The plaintiff-respondent had filed a suit for possession of property bearing No. B.XIV.160 situated in Prem Nagar, Islam Ganj, Ludhiana. It was alleged that the suit property belonged to Punjab Walf Board which was leased to the plaintiff at the rate of Rs. 20/- per month. It was pleaded that after taking the vacant land on lease, the plaintiff had constructed a building including the building in dispute and rented out the same in 1971 to the defendant at a monthly rent of Rs. 400/-. To seek the possession of the suit property, the plaintiff had earlier resorted to the proceedings under Section 13 of the East Punjab Urban Rent Restriction Act,1949 (for short, 'the Act') in which the defendant had denied the status of the plaintiff as landlord and also pleaded that he is not the tenant. The plaintiff thereafter withdrew those proceedings and filed the instant suit for possession and pleaded that the defendant by his conduct had forfeited his tenancy rights and was in unauthorised possession of the suit property.