KARTAR SINGH Vs. BARKAT RAM

JUDGEMENT

(1.) THE dispute in this case relates to a house situate in Ludhiana. It was admittedly composite property and a portion of the same was allotted by the Custodian to Kartar Singh, Appellant, who used to pay a monthly rent of Rs. 42.67 nP. to him. In order to separate the interests of the evacuee and the non -evacuee therein, this house was auctioned by the District Competent Officer on 18th November, 1957, and was purchased by Barkat Ram, Respondent, for Rs. 12,000. A sale certificate was also issued in his favour on 14th July, 1959. After purchasing this property, Barkat Ram served a notice on Kartar Singh requiring him to vacate the portion in his occupation and deliver possession of the same to him and also pay Rs. 40 per month as damages for its use and occupation. Since the Appellant refused to do so, a suit was brought in October, 1960, against him for the possession of that portion and also for the recovery of Rs. 1,360 on account of damages. It was alleged that Kartar Singh was not his tenant and his possession was that of a trespasser, after the purchase of the property by the Respondent. It was also alleged in the alternative that even if it be found that the Appellant was a tenant, he had forfeited the tenancy rights on the various grounds set out in para 2 of the plaint. It was further claimed that the Appellant was liable to pay damages for use and occupation at the rate of Rs. 40 per mensem with effect from the date of sale, namely, 18th November, 1957.

(2.) THE suit was resisted by the Appellant on a number of grounds. He pleaded, inter alia, that the suit was not triable by a Civil Court, as he was in possession of the house in dispute as a tenant and his eviction could only be ordered by a Rent Controller. It was further pleaded that the Respondent was not entitled to recover any amount on account of damages for use and occupation, because the Appellant had been paying rent regularly to the District Rent and Managing Officer.

(3.) ON the pleadings of the parties, a number of issues were framed.