LAWS(P&H)-2015-7-4

YOGESH KUMAR Vs. INDER KUMAR

Decided On July 01, 2015
YOGESH KUMAR Appellant
V/S
INDER KUMAR Respondents

JUDGEMENT

(1.) THIS order will dispose of RSA No. 1682 of 2010 and CR No. 7062 of 2011 as both the cases are interconnected and between the same parties. The facts are taken from RSA No. 1682 of 2010 for convenience.

(2.) THE contention of both the parties was noticed when the substantial question of law was framed which reads : -

(3.) THE plaintiff asserts that the relationship is one of mortgager and mortgagee. The defendant denies the relationship and claims that he is a tenant in the demised ground floor premises run as a chemist shop by the defendant. The documents on which reliance is placed by way of additional evidence are part of municipal record being Annexures A -1 to A -4. The remaining are tax returns, account books etc. Annexure A -1 is a leaf from the Assessment Register maintained under Rule VII -2 of the Municipal Rules in Form T.S.1. It relates to the year 1998 -99. Plaintiff Inder Kumar is the owner of suit property numbered B -II, 729/1 which is a commercial shop measuring 20' x 20'. In the column of name and address of occupier, it is recorded, "one shop of medicine on rent @ Rs. 4000/ - per month". The amount of proposed tax and final assessment are recorded in Annexure A -1.