HARBANS SINGH Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) This is a Regular Second Appeal against the judgments dated April 27, 1988 and October 10, 1990 of the learned Subordinate Judge First Class, Fazilka and the learned Additional District Judge, Ferozepur, respectively.

(2.) Briefly stated, the facts are that plaintiff-appellant Harbans Singh had filed a suit for possession against defendant-respondents Harbhajan Singh and Sunil Kumar by way of redemption of one shop having area 7'x26' comprised in Khasra No. 2190/1790/835 min and is bounded with the boundaries as such :

(3.) The defendant-respondents contested the suit and inter alia alleged that there was no relationship of mortgagor and mortgagee between the parties. Rather, they had taken the shop described above on rent from the plaintiff appellant at the rate of Rupees Three Hundred per month; and the suit was liable to be dismissed on that score alone.