SURINDER KAUR Vs. KALI SARAN ALIAS SUKHDEV KUMAR

JUDGEMENT

(1.) THE second appeal has been filed by defendants Nos. 1 to 5 against the judgement and decree of the District Judge, Jallandhar dated 7th February, 1974.

(2.) BRIEFLY the facts are that Kali Charan plaintiff is the owner of the shop in dispute. He gave it on lease to Harbans Singh, father of Dalvinder Singh, Amarjit Kaur and Kuljit Kaur defendants Nos. 2 to 4 and husband of Smt. Surinder Kaur defendant No. 1. Harbans Singh died on 20th March, 1971. The plaintiff instituted a suit for ejectment of the defendants on the ground that after the death of Harbans Singh, they became trespassers and consequently he was entitled to the possession of the shop. He also claimed arrears of rent from 17th August, 1970 till 20th March, 1971 and damages from 21st March, 1971 till the institution of the suit amounting to Rs. 280 and Rs. 120 respectively. The suit was contested by defendants Nos. 1 to 5. They inter alia pleaded that Harbans Singh was not a statutory tenant but a contractual tenant and, therefore, they had inherited the tenancy.

(3.) THE only contention of the learned counsel for the appellants is that Harbans Singh was a statutory tenant under the plaintiff-respondent and after his death his legal heirs inherited the tenancy rights. In support of his contention he places reliance on Gordhan Dass and others v. Smt. Dhan Mala Devi, 1984(1) R.C.J. 390 and Sawami Someshwaranand Udasi v. Darshan Singh etc., Letters Patent Appeal No. 1421 of 1982 decided on 17th October, 1984.