HARBANS SINGH Vs. HARMAIL SINGH

JUDGEMENT

(1.) THE epitome of the facts, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant appeal and emanating from the record, is that Harmail Singh son of Harchand Singh Respondent -Plaintiff (for brevity "the Plaintiff") filed the suit against Harbans Singh son of Jangir Singh Appellant -Defendant (for short "the Defendant") seeking a decree for possession by way of ejectment from the shop in dispute, inter -alia pleading that the Defendant was tenant in the shop in question on monthly basis rent at the rate of Rs. 1500/ -. The tenancy was month to month expiring on the end of every month. The Defendant was in default of rent from the month of January, 1997. Consequently, his tenancy was terminated by the Plaintiff through the medium of registered notice dated 3.9.2004 under Section 106 of the Transfer of Property Act, 1882 (hereinafter to be referred as "the T.P. Act"). After the termination of the tenancy, his (Defendant) possession is that of a trespasser. Plaintiff asked him to hand over the vacant possession of the shop in dispute, but in vain, which necessitated him to file the suit against him. On the basis of aforesaid allegations, Plaintiff filed the suit against the Defendant for possession by way of ejectment from the shop in question in the manner described hereinbefore.

(2.) THE Defendant contested the suit and filed his written statement, inter -alia pleading certain preliminary objections of, maintainability, the suit is barred by the principle of res -judicata, mis -joinder and non -joinder of necessary parties, cause of action and locus standi of the Plaintiff. It was claimed that Plaintiff is not the owner of the entire suit property. The validity of the notice under Section 106 of the T.P. Act was also questioned. It will not be out of place to mention here that the Defendant has stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit.

(3.) IN order to substantiate their respective pleaded stands, the parties to the lis, produced on record the oral as well as documentary evidence.