L B TANDON Vs. KANTA DEVI

JUDGEMENT

(1.) THIS regular second appeal is against the judgment and decree of the Additional District Judge whereby the judgment and decree of the trial Court was upheld maintaining the claim set up by the plaintiffs.

(2.) BRIEFLY , the case set up by the plaintiffs is that M/s. Lachhi Ram Panna Lal was tenant in premises No. 5241/2, Gur Bazar, Ambala Cantt at monthly rent of Rs. 15/ -. Lachhi Ram was the Karta of M/s. Lachhi Ram Panna Lal which was stated to be a Hindu Undivided Family concern. Mr. Rameshwar Dass was the owner of the property in question. As per pleadings, Lachhi Ram died in the year 1954 leaving behind his two sons, namely, Panna Lal and Rishi Parkash as his legal heirs and so inherited the tenancy rights. Rishi Parkash too died in 1975. Plaintiff No. 1 is the widow of Rishi Parkash and plaintiff No. 2 Rakesh Kumar is his son. Thus, according to the plaintiffs, they have inherited the tenancy rights from Rishi Parkash. It has been further pleaded by the plaintiffs that defendant No. 1 - the present appellant - in collusion with Panna Lal (proforma respondent in the appeal) got an ejectment order from the court of Rent Controller on 13.6.1986 which order is stated to have been affirmed by the appellate authority on 12.11.1986 and on the basis of these orders defendant No. 1 Mr. L.B. Tandon has taken steps to evict the plaintiffs as well though they were not impleaded as party in these proceedings. With these broad averments, the plaintiffs prayed for permanent injunction restraining defendant No. 1 from dispossessing the plaintiff from the premises in dispute.

(3.) ON the pleadings of the parties, following issues were framed: