RANBIR SINGH Vs. R.K. GOEL AND ORS.

JUDGEMENT

(1.) INSTANT appeal has been filed by one of the three plaintiffs impugning the judgments and decree dated 26.10.2009 and 01.11.2010 passed by the learned Civil Judge (Junior Division) Ludhiana and learned Additional District Judge, Ludhiana respectively.

(2.) BRIEF facts are that the present appellant - Ranbir Singh alongwith Om Parkash Sehgal and Chandrika Parshad preferred a suit for permanent injunction restraining the respondent -defendant from dispossessing the plaintiffs from the shops forming part of the property comprised in Unit No. BXXX 670 opposite Vardhman Spinning and General Mills Limited, Chandigarh road, Ludhiana. Present appellant averred that he had taken shop No. 1 and 2 on rent from the defendants in the year 1994 at monthly rent of Rs. 300/ - per shop subsequently increased to Rs. 700/ - per shop. Tenancy was allegedly oral. Other two plaintiffs had taken one shop each on rent. Plaintiffs urged that they were in continuous peaceful possession of the premises. Present appellant was allegedly running his business after obtaining licence from the Municipal Corporation, Ludhaina and using the electricity connection in the name of respondent -defendant No. 1. He relied on income tax receipts, telephone bills etc. to reflect his established possession. Defendants were allegedly receiving rent from the plaintiffs which they wanted to increase. Respondents were, thus, bent upon causing damage to the roof of the tenanted premises. Application was moved by the plaintiffs to Deputy Superintendent of Police, Focal point. Plaintiffs were constrained to file the suit as the respondents did not desist.

(3.) FOLLOWING issues were framed: - -