AMARJIT SINGH Vs. SURJAN SINGH

JUDGEMENT

(1.) DEFENDANT -Amarjit Singh having lost in both the courts below has filed the instant second appeal. It is unfortunate litigation between father and son. Respondent -plaintiff Surjan Singh, who is father of defendant -appellant Amarjit Singh, filed suit alleging that he is owner of the suit property comprising of a shop and a room, which is part of property No. 14. He purchased land vide sale deed dated 07.07.1975 and raised construction of four shops and rooms etc. out of which, the plaintiff give the disputed shop and room to the defendant on license. License fee was Rs. 500Y - (Rupees five hundred) per month. License of the defendant was terminated vide notice dated 19.10.2004. But the defendant failed to give vacant possession of the suit property to the plaintiff. Accordingly, the plaintiff sought mandatory injunction directing the defendant to deliver possession of the disputed shop and room to the plaintiff.

(2.) DEFENDANT alleged that by virtue of oral family settlement effected in the year 1997, suit property and some other portion of the building fell to his share and since then he is owner in possession thereof. Defendant's brothers are also owners in possession of the respective portions of the building, which fell to their share. Plaintiffs averment regarding license was denied. Various other pleas were also raised.

(3.) I have heard learned counsel for the parties and perused the case file.