SATPAL Vs. SARABJIT SINGH AND ANOTHER

JUDGEMENT

(1.) House in question was allegedly taken on rent by Harbans Lal father of the appellant-plaintiff on 11.01.1984 on a monthly rent of Rs. 60/-. The case set up by the appellant was that Sadhu Singh received the rent six monthly from Harbans Lal for the period 11.01.1984 to December 1984 to the tune of Rs. 720/-; from January 1985 to June 1985; July 1985 to December 1985; January 1986 to June 1986; July 1986 to December 1986; January 1987 to June 1987; July 1987 to December 1987, January 1988 to June 1988; and July 1988 to December 1988 for which he issued the receipts of payment of rent. The receipts of payment of rent relied upon by the appellant are mark 'A' the first receipt and Ex. P-1 to P-8 the remaining receipts in proof of payment of rent.

(2.) It was further stated that Harbans Lal thereafter shifted to village Sahalbara, District Bathinda where he was having agricultural land. However, on 05.01.1989, Sadhu Singh received rent of Rs. 360/- from the appellant and executed a rent deed in his favour. On the strength of aforesaid document, the appellant claimed that the owner attorned in favour of the appellant and accepted him as tenant. Sadhu Singh aforesaid died on 28.03.1989. The appellant continued to be in possession of the disputed house. The suit for permanent injunction with a prayer for restraining respondents from interfering in the peaceful possession of the appellant, was originally instituted on 03.05.2005.

(3.) It was further stated that the appellant has obtained the electric connection of the house in his name and paying the electricity charges. His name is also entered in the voters list of this address and hold a licence for running the shop in the disputed property.