YAD RAM Vs. MURTI BEHARI JI

JUDGEMENT

(1.) Defendants filed this appeal against the concurrent judgments and decrees passed by the Courts below, decreeing the suit of the plaintiff for possession.

(2.) Plaintiff filed suit for possession in respect of property marked by letters 'A,B,C,D,E,F,G' shown by red and white colour in the site plan Ex.PW11/1 minus property shown by green colour marked as K1, K2 and K3. Plaintiff averred that he was owner of this property. One Chhutan and his son Ram Sarup were tenants over the whole of the property shown under the plaintiff. Chhutan and Ram Sarup had executed a rent note on 11.12.1936 Ex.PW4/1. Defendants No.2 and 3 were sons of Chhutan and defendant No.1 is son of Prabhu Dayal son of Chhutan i.e. grand son of Chhutan.

(3.) After the death of Chhutan, rent note Ex.PW12/2 was executed by Ram Sarup alone on 10.02.1941. Another rent note Ex.PW3/1 was executed by Prabhu Dayal and Kanhiya Lal sons of Chhutan on 31.03.1944. Thereafter, another rent note Ex.PW4/2 was executed by Kanhiya Lal alone on 05.09.1945. One more rent note Ex.PW12/1 was executed by Kanhiya Lal alone on 07.03.1952. Plaintiff had filed an ejectment petition against the defendants, Kanhiya Lal and another person Piare Lal from the property in question. In the said rent petition, Kanhiya Lal who was executant of latest rent note was described as main tenant and other defendants including Piare Lal were shown to be sub tenants in the property. Said rent petition was allowed and ejectment was ordered by the Rent Controller, Gurgaon on 06.12.1968. However, the Lower Appellate Court upheld the ejectment only qua Kanhiya Lal by order dated 05.01.1973, whereas ejectment qua others was declined as the alleged sub tenancy was not proved.