GORDHAN DAS Vs. DHAN MALA DEVI JAIN

JUDGEMENT

(1.) This judgment will dispose of R. S. A. Nos. 282 and 297 of 1978 As they involve common: questions of taw and fact. The facts in the judgment are being given from R. S. A. No: 282 of 1978.

(2.) The plaintiff is the owner of the shop in dispute. One Ghotan Ma1 took it on lease under an oral agreement from her on l6th March, 1960, for a period of eleven months at the rate of Rs. 37.50 per month. later, Ghotan Mal executed the rent note dated 30th March, 1960. Exhibit P. 1, in her favour. It is alleged by the plaintiff that the tenancy came to an end on l5th February, 1961, by eflux ot 'time. However, Ghotan Mal became a statutory tenant under the East Punjab Urban Rent Restriction Act, 1949 hereinafter referred t as the Punjab Act), end continued in possession of the shop. He died on 9th Dec., 1972, and thereafter the defendants who are his legal heirs continued to be in its possession. It is alleged that their possession is that of trespassers. She subsequently filed a suit for possession. of the shop and a sum of Rs. 1,000/as mesne profits from 9th Dec. 1972, till the date of the suit. He also claimed a decree for future mesne profits at the said rate from the date of the suit till delivery of possession of. the shop.

(3.) The defendants contested the suit and denied the allegations of the plaintiff: They inter alia pleaded that Ghotan Mal took the shop on rent as head of thc joint Hindu family of M/s. Raja Ram Pt,saA Mel and thereafter Kishan Lal his son continued to be in its possession as:a: tenant. They further pleaded that the relationship of the landlord and tenant between the parties did not come to an end. They also challenged the jurisdiction at the Civil Court.