MOHINDER SINGH Vs. NARAIN

JUDGEMENT

(1.) The defendant-appellant has filed this appeal against the judgment and decree of the Additional District Judge, Karnal, dated June 2, 1980, whereby the decree of the trial Court passed in favour of Ranjeet Singh, plaintiff- respondent, was affirmed.

(2.) The plaintiff filed this suit for the grant of a mandatory injunction directing the defendants to surrender possession of the shop, in question, to him, on the allegations that Kura Ram, defendant, was his real maternal uncle. The plaintiff was in occupation of the shop, in dispute, on the G. T. Road. Karnal, as a tenant under one Nawab Sajad Ali Khan much before the partition of the country and had been carrying on the oil business therein under the name and style of Ranjit Singh & Co. of which he was the sole proprietor. It was further stated that after the partition of the country, the suit property vested in the Custodian as an evacuee property and his status as a tenant was recognised by the Custodian also. Later on, Kura Ram, defendant, joined him in his oil business as a partner and both of them then carried on the business under the name and style of Ranjit Singh & Co. in partnership till the year 1954, when the partnership was dissolved. The plaintiff further averred that from the year 1954 onwards, he and Kura Ram, defendant, carried on their individual oil business, but continued to occupy the shop, in dispute, jointly inasmuch as Kura Ram, defendant, remained in occupation thereof as a licensee. In the year 1959 the plaintiff joined service and his goods continued lying in a part of the shop. He left service in the year 1962 and started maintaining the accounts of some parties and to attend to this job by sitting in the shop. As such, Kura Ram, defendant, and the plaintiff continued using the shop, in dispute, till the year 1974. In April. 1974, Kura Ram, defendant, began to take steps with a view to oust the plaintiff from the said property and ultimately, he along with defendants Nos. 2 to 4 did not allow him to remain in occupation of the shop. Thereupon, the plaintiff revoked the licence by registered notice dated August 27, 1974, and filed the present suit on Oct. 28, 1974, for the grant of a mandatory injunction against the defendants, as mentioned above. The suit was resisted by them and it was pleaded that Kura Ram, defendant, had been in exclusive possession of the shop for more than 20 years in his own right as a tenant under the owners. The alleged licence in his favour was not admitted. It was also pleaded that Kura Ram, defendant, had taken the shop, in dispute, from Nawab Sajad Ali Khan for running the business of Ranjit Singh & Co. It was specifically denied that it was the plaintiff who was the tenant of the shop, in question, or that he carried on the business thereon under the name and style of Ranjit Singh & Co. on the pleadings of the parties, the trial court framed the following issues :-

(3.) Whether the plaintiff was allotted the suit property after the partition of the country ? If so, to what effect ?