RAM NIWAS Vs. RAKESH KUMAR

JUDGEMENT

(1.) This letters patent appeal has been filed by two of the defendants against the judgment of the learned single Judge, dated 14th May, 1976.

(2.) Briefly, the facts are that the shop in dispute was sold by Mohinder Singh defendant to Rakesh Kumar plaintiff for a sum of Rs. 5,200 by a registered sale deed, dated 23rd November, 1958. The shop was on a monthly rent of Rs. 40 with M/s. Om Parkash Ghansham Dass, defendant No. 1.Om Parkash Ghansham Dass and Pawan Kumar respondents and Ram Niwas appellant are the proprietors of the firm. After the purchase, the plaintiff served a notice on the tenant-firm informing it that he had purchased the shop and asking it to pay the damages and vacate the same. The firm claimed that Smt. Mohinder Kaur was the owner of the property under whom it was holding the shop as a tenant and consequently the question of vacating it or making payment of rent to him did not arise. The plaintiff, therefore, instituted a suit for ejectment and recovery of Rs.1,386/10/8 by way of damages.

(3.) The suit was contested by the firm and its proprietors. They controverted the allegations of the plaintiff and denied that the plaintiff had become the owner of the shop by purchase from Mohinder Singh. They further pleaded that the suit was filed on the basis of tenancy and, therefore, no decree for possession could be passed in favour of the plaintiff on the basis of ownership.