RATTAN LAL Vs. JYOTI PARSHAD

JUDGEMENT

(1.) This regular second appeal, by the plaintiff/appellant, is directed against the judgment and decree dated 8.1.1985, passed by the learned Courts below, vide which the suit for possession of shop No. 2236, Ward No. 8, Bara, Meham, stands dismissed.

(2.) The plaintiff/appellant filed a suit for possession, on the pleadings, that the plaintiff was owner of the shop. The case of the plaintiff/appellant was, that the shop was rented out to Roop Narain in the years 1944 and he had executed a rent not to this effect. Thereafter, another rent note was executed by Roop Narain in favour of the plaintiff/appellant in the year 1954. The third rent note was executed on 17.6.1959 for a period of eleven months on payment of annual rent of Rs. 168/- (Rupees one hundred and sixty eight only). Roop Narain died on 11.7.1979.

(3.) The case of the plaintiff/appellant was that Roop Narain being a statutory tenant his tenancy came to an end on his death. The plaintiff/appellant also pleaded, that defendant No. 2 i.e. Padam Sain was put in possession as sub- lessee of Jyoti Parshad, defendant No. 1, who is son of Roop Narain. Therefore, the defendants were trespassers in the shop.