SWAMI SOMESHWARANAND UDASI, CHELA OF SWAMI GANGEHSWARANAND, ADHYAKSHA GITA BHAWAN, NAWANSHEHAR, DIST. JULLUNDUR Vs. DARSHAN SINGH AND OTHERS

JUDGEMENT

(1.) Swami Someshwara Nand Ji has filed this appeal under Clause X of the Letters Patent, against the judgment of a learned Single Judge of this Court, dated 29th September, 1982 by which the appeal filed by the appellant was dismissed. The respondents have also filed cross objections.

(2.) Although detailed facts are given in the judgment, yet in order to appreciate the controversy, certain salient features of the case may be noticed.

(3.) Karam Chand and Dharam Chand were the owners of the land in the dispute, which was leased out to one Nirmal Singh at the rate of Rs. 25 per month vide rent note Exhibit P.1. Nirmal Singh died on 1st August, 1966. The land in dispute was gifted by the original owners in December, 1968, to the appellant for the benefit of Gita Bhawan. The appellant filed a suit for possession, inter alia on the ground that Nirmal Singh was a statutory tenant, that after his death the tenancy came to an end and was not heritable and as such the defendants were in possession of the same as trespassers. The suit was contested and it was pleaded that Nirmal Singh and his brothers were joint tenants. It was also averred that after the death of Nirmal Singh Karam Chand had accepted rent room the defendants with the result that a new tenancy came into being in favour of the defendants. On the pleading of the parties, several issue were framed.