BALJINDER SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) THIS is defendant's Regular Second Appeal against the judgments of the Courts below whereby the appeal filed against the judgment and decree of the trial Court was dismissed.

(2.) BRIEFLY stated, Dalip Singh filed a suit for possession and recovery of a sum of Rs. 7200/- as damages for use and occupation of the shop, against the defendants. As per allegations in the plaint, the shop in dispute was owned by a Muslim till 1947 and the same became an evacuee property on account of migration of Muslims to Pakistan. It is further the case of the plaintiff that he purchased this property vide Sale-deed 19. 6. 1964. The plaintiff further averred that though the defendant claim to be the tenant of the shop under the Custodian but he never was so. His case is that the shop in dispute was let out to him on 1. 8. 1962 and when eviction application was filed against the defendant, he denied his relationship and claimed himself to be tenant under the Custodian.

(3.) THE defendants put in appearance and controverted the various averments made in the plaint. They asserted that Kehar Singh, defendant No. 1, was the tenant under the Custodian.