JUJHAR SINGH Vs. MANGAT RAM

JUDGEMENT

(1.) Jhujhar Singh-appellant is aggrieved against the judgement and decree dtd. 31/3/2022, passed in Civil Appeal RBT No.38/2021 by the first appellate Court, whereby the judgement and decree dtd. 9/1/2019, passed in Civil Suit No.93 of 2015 by Civil Judge(Sr.Divn.), SBS Nagar, dismissing his suit for declaration and ejectment of respondent No.1 was affirmed.

(2.) Briefly, the facts of the case are that the appellant (plaintiff) filed a suit against the respondent Mangat Ram (tenant) and general public to claim declaration that as whereabouts of his father, namely, Balbir Singh are not known since February, 2008, he be declared dead, and the suit property, i.e. the residential house in the limits of Village Katt, Tehsil Banga, District SBS Nagar, given on rent to respondent No.1 has devolved upon him, so he also prayed for eviction of the tenant. As per pleadings, vide rent deed dtd. 7/4/2007 executed by Balbir Singh, the suit property was given on monthly rent of '300/- to defendant No.1, but he never paid the rent to the plaintiff's father and after disappearance of Balbir Singh, the tenant has refused to make the payment of rent to the plaintiff. Further, the plaintiff also propounded a Will dtd. 28/2/2008, to claim his ownership in respect of suit property and also prayed for a decree of declaration and eviction of tenant.

(3.) Mangat Ram-Defendant No.1 contested the suit by filing written statement, who raised various preliminary objections relating to maintainability, non-joinder of necessary parties, locus standi etc. and on merits, it was not disputed that Balbir Singh used to collect rent from the defendant. Further denying the claim of the plaintiff regarding his ownership of the suit property and Will, he prayed that the suit be dismissed.