DAROPTI DEVI Vs. NIHAL KAUR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the District Judge, Bhatinda whereby the judgment and decree passed by the trial Court was affirmed.

(2.) The facts giving rise to this appeal are that Bahal Kaur widow of Gurbachan Singh filed a suit for possession in respect of a shop situated in Phool Mandi on the allegations that she was the owner of that shop which was given on rent to Nikka Ram for a period of one year vide rent note dated 24.3.1965. He was a tenant over the shop in his individual capacity and on the death of Nikka Ram on 14.1.1971 the defendants who were in possession of the shop were trespassers therein. Hence, a suit for possession.

(3.) Defendant Nos. 1 and 5 to 7 contested the suit and raised various objections including the one that the shop was taken by Nikka Ram for the firm Nikka Ram Mahesh Kumar and that the Civil Court had no jurisdiction to try the suit. On merits, the ownership of the plaintiff was admitted. Out of the pleadings of the parties, issue No. 4-A was framed which was to the effect that "whether relationship of landlord and tenant exists between the parties in respect of the shop in dispute and the Civil Courts have no jurisdiction to entertain and try this suit".