(1.) THIS judgment will dispose of RSA No. 3269 of 1985 and RSA No. 3270 of 1985 as common question of law arises but out of separate suits.
(2.) SURINDER Pal Singh has filed a suit for permanent injunction restraining Jasbir Singh from interfering in his possession by demolishing the roof, latrine and walls of House No. 6212/3, New No. 1202/2, Patel Road, Ambala City. It was alleged by Surinder Pal Singh that he is residing in the said house for the last more than 15 years. He was inducted as a tenant by a previous owner Shri Kishan Singh who sold this property to Jasbir Singh on 31st May, 1978 and as such he is now tenant under Jasbir Singh. Now Jasbir Singh has threatened to demolish the roof and the walls of the house as he wants to oust the plaintiff by force and hence this suit. RSA No. 3270 of 1985 arises out of such suit for permanent injunction.
(3.) THE controversy between the parties is that whether Surinder Pal Singh is a tenant in the house in dispute or is a licensee. Both the Courts recorded the clear finding of the fact that the possession of Surinder Pal Singh is that of a licensee. Since, licence has been revoked, Jasbir Singh is entitled to a decree of possession. Consequently, the suit for mandatory injunction filed by Jasbir Singh had been decreed.