MOTI RAM Vs. KARAM SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree passed by the Additional District Judge, Hoshiarpur, dated 18. 7. 1983 whereby appeal preferred by the defendant against the judgment and decree of the trial Court was accepted and suit of the plaintiff dismissed.

(2.) THE defendant is the owner of the property in dispute and he let out the same to the plaintiff at the rate of Rs. 120/-per annum vide rent note dated 25. 4. 1959 for a period of ten years. By virtue of the rent note the plaintiff was authorised to raise construction thereon. The plaintiff constructed two shops on the property in dispute and carried on his business till 28. 7. 1971 on which date the shops were demolished by the defendant. The plaintiff again started construction of shops. The defendant threatened to obstruct the construction which led to the filing of the present suit for permanent injunction restraining the defendant from interfering in the construction of the shops by the plaintiff over the property in dispute.

(3.) THE defendant put in appearance, filed written statement and controverted the allegations contained in the plaint. He denied lease in favour of the plaintiff for construction of shops. He also averred that the period of lease expired in 1969.