RAM KUMAR Vs. SUBHASH CHAND

JUDGEMENT

(1.) Vide this civil revision petition, petitioner-plaintiff Ram Kumar challenges judgment and decree dated 23.3.2004 passed by the Additional Civil Judge (Senior Division), Kaithal.

(2.) Claim of the petitioner-plaintiff before the lower court was that he was incepted as a tenant under Aggarwal Dharamshala, Pundri. Subhash Chand, respondent No.1 herein and defendant No.1 in the suit in last week of June, 1994 had joined hands with him for business of selling Phirni sweets. Sometime later, said respondent-defendant colluding with the office bearers of Pundri Tirath Sabha got a rent note dated 28.6.1994 executed in his favour and filed a suit for injunction against the petitioner-plaintiff on 1.7.1994 wherein he had claimed himself to be in exclusive possession of the suit property and was successful in obtaining forcible possession from the plaintiff. Restoration of possession of the suit property was sought.

(3.) Claim of the respondents, defendants in the suit controverting the stand of the petitioner-plaintiff therein, however, was that neither the Aggarwal Dharamshala was the owner of the suit property nor the petitionerplaintiff was in possession as a tenant. It was elaborated that, in fact, the petitioner-plaintiff had never been in occupation of the suit property and right from the very start, the respondent No.1 was tenant in the suit property under respondent No.2 herein on the basis of rent note dated 28.6.1994. In short, version of the petitioner-plaintiff of forcible dispossession from the suit property at the hands of respondents No.1 and 2 was denied. The petitioner-plaintiff, however, had reiterated his version in the replication furnished by him.