RAJINDER SINGH Vs. RAHUL SACHDEVA AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is against the judgment dated 28.10.2013 whereby the Additional District Judge, Ludhiana dismissed the appeal against the judgment dated 28.4.2012 passed by the Civil Judge (Junior Division), Ludhiana.

(2.) PLAINTIFF -appellant Rajinder Singh filed a suit for permanent injunction restraining the defendants namely Rahul Sachdeva, Smt. Sangeeta Rani and Sumit Sachdeva from interfering into peaceful possession of plaintiff over the property bearing Municipal Corporation Number B -XX -3355, Gurdev Nagar near Aarti Cinema, Ludhiana as detailed in the head note of the plaint and also from dispossessing the plaintiff illegally and forcibly except in due course of law. The plaintiff submitted in his plaint that the plaintiff is a a tenant in the suit property and this tenancy was orally created coupled with the delivery of possession on 1.5.2006 and rate of rent per month was Rs. 10,000/ -including the house tax and the plaintiff was allowed to continue his dhaba under the name and style of M/s. Pardhan Dhaba. Earlier this property was owned by plaintiff and his wife and they sold the same to the defendants and after that the tenancy was created. The plaintiff is having an electric connection in the suit property and the plaintiff has been paying the rent regularly to the defendants but no receipt is being issued by the defendants. Plaintiff further submitted that on 25.3.2007 the defendants threatened to take forcible possession of the suit property. Hence the suit was filed.

(3.) THE defendants filed a counter claim for recovery of Rs. 65 lac as arrears of licence fee/damages for illegal use and occupation and mandatory injunction directing the plaintiff to remove his belongings and not to enter in the disputed property and also a counter claim for permanent injunction restraining the plaintiff from using any portion of the suit property and also restraining the plaintiff from putting any other person in occupation of the suit property.