ASHOK KUMAR SACHDEVA Vs. HARISH MALIK

JUDGEMENT

(1.) THIS appeal has been pending since September 19, 2011 when on the first date, no one appeared for the appellant and a written request was circulated which led to an adjournment to December 06, 2011. Since then the appeal has remained at the preliminary hearing stage with no effective orders passed.

(2.) THE plaintiff is in Second Appeal. He instituted a simple suit for permanent injunction before the Civil Judge (Junior Division), Rewari, Civil Suit No. 21 of 2002 praying for an order that defendant be restrained from dispossessing the plaintiff from the disputed shop without due process of law and in case, the defendant succeeds pendente lite to dispossess the plaintiff then a decree for mandatory injunction be issued in favour of the plaintiff and against the defendant. The shop in dispute bears No. 47 and is situated in Punjabi Market, Rewari, Haryana. The plaintiffs suit succeeded and a permanent injunction was issued against unlawful dispossession.

(3.) IT is pleaded by Mr. Ajay Jain appearing for the appellant that the adverse finding should be expunged or it be held that the relationship of landlord and tenant subsists between the parties. As a matter of fact, Mr. Jain's submission is primarily for a declaration of tenancy. Admittedly, there are no documents in support of tenancy by way of a rent note etc. and the plaintiff relied alone on PW -2 Dalip Mata who stated that the appellant had been a tenant in the shop in dispute since 1999 @ Rs. 400/ - per month and that he has seen rent being paid several times. Similarly, PW -3 Sushant Chug has deposed much to the same effect. The case set up was that the possession was permissive and with the consent of the respondent. The compromise deed Ex. PW6/F was produced on record which reads as follows: -