BRIJ MOHAN Vs. JAG MOHAN

JUDGEMENT

(1.) ON 9th November, 1956 vide rent note, Exhibit P-2, Banarsi Dass took a shop, situate in Faridabad, District Gurgaon, on rent from Jag Mohan son of Jai Narayan for a period of 11 months @ Rs. 4/- per month. The tenancy was to commence from 1st November, 1956. Even after the expiry of the period of tenancy the tenant remained in possession of the property and continued paying rent to the landlord. On 5th January, 1959, another rent note, Exhibit P-1, was written by the tenant in favour of the landlord and this was also for 11 months and at the same rate of rent, namely, Rs. 4/- per mensem. Banarsi Dass, subsequently, died on 14th December, 1965. On 11th April, 1966, a notice was issued by the landlord to his legal representatives asking them to vacate the premises, because the tenancy in favour of Banarsi Dass had come to an end and they were occupying the shop as mere trespassers, and in case, they did not do so, they would have to pay rs. 100/- per month as damages for use and occupation of the premises. After issuing this notice, since the shop was not vacated, a suit for possession was brought on 27th May, 1966, by the landlord and his father Jai Narayan against Brij mohan and others, the legal representatives of Banarsi Dass, treating them as trespassers and an amount of Rs. 400/- as compensation for use and occupation of the said premises for four moths was also claimed in the suit. It was alleged that by the death of Banarsi Dass, who was a statutory tenant, the tenancy came to an end, and his son Brij Mohan and other legal representatives were merely trespassers.

(2.) THE suit was contested, by the defendants on a number of grounds. But, in the present second appeal, we are only concerned with two of them and they are covered by issues Nos. 2, 5-A and 5-B. Those issues are as follows:-

(3.) ALL the issues framed in the case were decided against the defendants and the suit was decreed. The compensation for use and occupation of the premises was fixed at Rs. 8/- per mensem and the suit was consequently, decreed for the recovery of Rs. 32/ -.