GANGA NARAIN Vs. BAL KRISHAN DASS AND ANR.

JUDGEMENT

(1.) BALKISHAN Dass and his brother Narain Dass brough to suit against Ganga Narain alias Kakko alias Papoo and Suraj Mai for possession of the shops in dispute one for the recovery of Rs. 171/4/ - as mesne profits. Their allegations were that one Ram Saran Dass was the tenant of the shops in question. His tenancy was terminated by issuing him a notice dated 14 -4 -1956 to vacate the premises; Thereafter on 31 -8 -1956 a suit was brought for his eviction and for recovery of arrears of rent. Daring the pendency of this suit, he died on 14 -9 -1956 and Ganga Narain was impleaded as a Defendant as he was alleging himself to be the adopted son of the deceased, Ram Saran Bass. He paid the arrears of rent, which were accepted by the Plaintiffs and, as a result, their suit was dismissed on 10 -12 -1956. The present suit was brought on 10 -6 -1958, in which it was alleged that Ganga Narain was a trespasser and further that he sublet the shops to Suraj Mai, Defendant No. 2. The mesne profits were claimed for the period commencing from 7 -8 -1956 to 19 -5 -1958.

(2.) THE suit was contested by Ganga Narain, Defendant No. 1, who inter alia, pleaded that he was the adopted son of Ram Sarup Dass and was in possession of these shops as a tenant in his own right. Defendant No. 2 was proceeded against ex parte

(3.) THE pleas of the parties gave rise to the following issue: