JATINDERJIT SINGH Vs. RAJ RANI

JUDGEMENT

(1.) Civil suit for declaration along with permanent injunction and consequential relief of possession filed by plaintiff - Dheru Ram through his legal representatives (now respondents through his legal heirs) regarding shop in dispute was decreed by the trial Court on 2/2/1999 against defendants - Jatinderjit Singh and another (now appellants). Appeal filed by the defendants was dismissed by the First Appellate Court of Ld. District Judge, Hoshiarpur vide judgment dtd. 13/3/1999. Against this concurrent findings of the Courts below, defendants of the case have now approached this Court by way of present regular second appeal.

(2.) In order to avoid confusion, parties shall be referred as per their status before the trial Court.

(3.) Perusal of the paper book would reveal that plaintiff - Dheru Ram was admittedly a tenant under the defendants on the demised shop @ ' 104/- per month inclusive of the house tax. Two ejectment petitions were earlier filed by the landlords-defendants, claiming rent @ ' 104/- per month including house tax and on both the occasions, claimed rent was tendered and the ejectment petitions were dismissed. Lastly, landlords filed another ejectment petition claiming rent of subsequent period @ ' 104/- per month inclusive of house tax, which was tendered by the plaintiff - tenant.