RAMESHWAR NARAIN Vs. GANGA RAM

JUDGEMENT

(1.) This order will dispose of two connected Civil Revision Nos. 823 and 824 of 1963.

(2.) Ganga Ram, respondent had filed two separate applications in April 1962 for the ejectment of Rameshwar Narain, petitioner, from the two premises in dispute namely, shop No. 11402 and the attached premises and shop Nos. 11400 and 11401 situated in Ambala City. The ground of eviction was non-payment of rent for a period of five years from August, 1957 to March, 1962. The plea of the respondent was that these properties belonged to the petitioner, who had mortgaged them with possession with the respondent in November/July 1956 and at the same time had taken the same on rent from him.

(3.) These applications were contested by the petitioner who pleaded that there was no relationship of landlord and tenant between the parties as he had not executed the alleged mortgage deeds and the rent-notes. He was a person of unsound mind and has been adjudged as such by the civil Courts the Rent Controller and the Appellate Authority. He was consequently not competent to enter into any valid contractual relationship in the year 1956. According to him he owned large property. One Baij Nath Jindal taking undue advantage of his insanity had begun to live in his house and had contracted illicit relations with wife Smt. Gita Devi and later on with his minor daughter Smt. Chander Kanta. In order to harm the petitioner he conspired with one Surrinder Mohan alias Ralla Ram a petition-writer from Ambala and the respondent and taking undue advantage of his habit of signing his name on any paper got several papers signed by him. If any such document as alleged in the application for ejectment might be produced in Court the same must be the result of this conspiracy and it would not be binding on him.