SANTOSH KUMARI Vs. DIDAR SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court whereby her suit for declaration with consequential relief of possession and for mesne profits was dismissed.

(2.) THE plaintiff has sought the intervention of the Court on the averment that she is widow of Hari Lal s/o Sant Lal. Darbari Lal was the owner of the suit property who has two sons, namely, Chhedi and Sant Lal. The house in question was demolished due to floods in the year 1947 and only one verandah remained erect and rest of the building was in dilapidated condition. After the death of Chhedi his son Narain left Ferozepur and the house remained in control of the plaintiff. It is alleged that the defendant has been paying Rs. 10/- per month as rent to the husband of the plaintiff and the defendant used to collect the bills from Cantonment Board and pay house tax and water tax of the said house. The husband of the plaintiff died in April, 1982 and thereafter the defendant did not pay rent till March, 1985. The plaintiff reconstructed the fallen room and created a new tenancy at the rate of Rs. 50/- per month. The defendant paid the rent upto 31.3.1986 and did not pay thereafter. Earlier, the plaintiff (had filed an) ejectment petition under Section 13 of the East Punjab Rent Restriction Act, 1949 and also filed a suit for permanent injunction. The defendant denied the relationship of landlord and tenant and, thus, the plaintiff withdrew the said ejectment petition. It is further alleged that the defendant was inducted as a tenant but since he is denying the relationship of landlord and tenant and, therefore, he is in unauthorised occupation and liable to pay compensation in the shape of mesne profits after 1.4.1986 till delivery of actual possession at the rate of Rs. 100/- per month.

(3.) THE learned trial Court framed the following issues arising out of the pleadings of the parties :-