MOHAMMAD IKHLAQ Vs. ALOK GUPTA

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 6.10.2009, passed by the learned Courts below, vide which the suit filed by the plaintiff/respondents for possession and mesne profit, stands decreed.

(2.) The plaintiff/respondents brought a suit for possession, on the plea, that the appellant/defendants were in unauthorised occupation of the land in dispute, therefore, were liable to be evicted and pay the mesne profits for unauthorised possession of the property. The suit was contested, wherein plea was taken by the appellants, that they were tenants over the property in dispute by way of two different rent deeds, therefore, could not be said to be in unauthorised possession.

(3.) The tenancy was claimed through Chaman Lal, who was said to be karta of the HUF. Support in this regard was also sought from the plea, that Chaman Lal had filed two rent petitions claiming arrears of rent from the appellants, which were dismissed, after the rent was tendered and accepted by him.