SHAM LAL Vs. DAYA KISHAN AND OTHERS

JUDGEMENT

(1.) Defendant No.2 has filed the instant appeal challenging the judgments and decrees of the courts below, whereby suit of the plaintiff-respondent for possession of the house in dispute was decreed by the trial Court vide its judgment and decree dated 22.08.2007 and the judgment and decree dated 04.08.2009 of the first appellate Court dismissing the appeal filed on behalf of defendant No.2 against the aforesaid judgment and decree of the trial Court.

(2.) Appellant-Defendant No.2 had died during the pendency of this appeal and now the appeal is being pursued by his Legal Representatives who have come on record vide order dated 30.08.2010 passed in CM No.10229-C of 2010.

(3.) Respondent No.1 filed a suit for possession of the house in dispute against one Rameshwar Dass (predecessor in interest of respondents No.2 and 3, who are real brothers) and the appellant. In the suit, the plaintiff pleaded that he was the owner of the suit property and has delivered the possession of the same to defendant No.1 (Rameshwar Dass) as a licencee. The said licence was revoked and defendant No.1 was asked to delver the vacant possession of the house in dispute to him. However, defendant No.2 (now appellant) entered into possession of the house in dispute in collusion with defendant No.1 illegally and unauthorizedly. Since the defendants refused to accept his claim, he was constrained to file the instant suit.