KAPTAN SINGH Vs. CHAND TARA

JUDGEMENT

(1.) This is plaintiff's Second Appeal whose suit for declaration has been dismissed by both the Courts below.

(2.) It was alleged by the plaintiff that he was a tenant on the suit land under defendant Smt. Chand Tara. She obtained an order of eviction against him from the Court of Assistant Collector Ist Grade, Sonepat, on 8th January, 1974. An Appeal filed by the plaintiff-tenant was dismissed by the Collector on 8th May, 1974. It was further allege that on 19th May, 1974, an agreement was got executed from the plaintiff by Chander Bhan defendant, in favour of Smt. Chand Tara, defendant, and, thus, the matter was compromised and the plaintiff was allowed to continue as a tenant on payment of Rs. 1,400/- per annum instead of Rs. 450/- which was the previous rent. It was further stated that despite this compromise, the respondent wanted to dispossess the tenant-plaintiff from the suit land forcibly; so, the present suit for a declaration to the effect that the plaintiff was the tenant on the suit land on a yearly rent of Rs. 1,400/-, with the prayer that the defendant be restrained from ousting the plaintiff from the land. In the Written Statement it was pleaded by the defendant that the plaintiff tenant was ejected in execution of the order dated 11th May, 1974, and possession was taken from him. The alleged compromise pleaded by the plaintiff was denied. The authority of Chander Bhan to grant fresh tenancy rights was also challenged. The trial Court found that neither the plaintiff was the tenant on the suit land nor was he in possession thereof. In view of this finding, the suit was dismissed. In appeal, the learned Senior Sub Judge with enhanced Appellate powers dismissed the appeal in limine by a detailed judgment dated 18th January, 1977. All the contentions raised by the plaintiff were negatived by the learned lower appellate Court. Dissatisfied with the same, the plaintiff has filed this Second Appeal.

(3.) The appeal was admitted on the following question :-