SARDARNI PREM PARKASH KAUR Vs. NARINDER NATH SAINI

JUDGEMENT

(1.) THIS judgment of mine shall dispose of the cross appeals No. 1273 and 1575 of 1978 arising out of the order of Senior Sub-Judge, Ludhiana dated 15.6.1978.

(2.) FACTS giving rise to the present appeal are that Sardarni Prem Parkash Kaur filed the present suit for recovery of Rs. 46,240/- against the defendant on account of charges for use and occupation of the godowns which are situated on the back of shop forming part of property No. B.II. 1745, at the rate of Rs. 40/- per day with effect from 1.4.1972 to 31.5.1975 i.e. upto the date of filing of the suit. Plaintiff's case was that the premises have been given on licence to the defendant for a period of two years and if the defendant failed to vacate the same after the expiry of two years then he was to pay Rs. 40/- per day for use and occupation, that is how the present suit has been filed against the defendant on account of charges for use and occupation at the rate of Rs. 40/- per day w.e.f. 1.4.1972 to 31.5.75 i.e upto the date of filing of the present suit.

(3.) ON the basis of pleadings of the parties, the trial Court framed the following issues :