PREM CHAND Vs. YASHPAL SINGH

JUDGEMENT

(1.) Petitioner has challenged the order dated 19.07.2014 passed by Civil Judge (Jr. Divn.) Bathinda whereby suit for possession under Section 6 of Specific Relief Act (hereinafter to be referred as 'the Act') filed by the plaintiff/petitioner was dismissed.

(2.) Brief facts as gathered from the record are that plaintiff/petitioner filed a suit for recovery of possession of shop which is part of building bearing M.C. No.244 situated at Kamal Cinema Road, Bathinda on the premise that the suit property was owned and possessed by the defendant. Ground floor was taken on rent by the plaintiff/petitioner in the year 1971. Present rate of rent of the shop was pleaded to be Rs.1,000/- per month. From the very inception of the tenancy, plaintiff was carrying on business of barber shop under the name and style of 'Prem Hair Dresser'. Electricity meter was installed in the shop premises in the name of Ram Kumar cousin of the plaintiff. Plaintiff claimed that he was paying the rent regularly in advance to the defendant-landlord. However, defendant did not issue any receipt. Lastly the advance rent was paid for the month of October 2009 to the defendant on 05.10.2009.

(3.) It was submitted by the plaintiff that due to increase in rent in the locality, defendant started demanding enhanced rate of rent and the same was refused by the plaintiff as he was prepared only for reasonable enhancement. Plaintiff claimed that the defendant in a well planned conspiracy managed to dispossess him from the shop on 20.10.2009. The son of the defendant along with his friends threatened the plaintiff on the said date and asked him to vacate the premises within two-three hours. Defendant being part of that conspiracy did not respond to the request of the plaintiff and in the evening, with police help the defendant started throwing out the articles of the shop. Allegation of misuse of power by ASI Roop Chand was alleged. Son of the plaintiff was given beatings. ASI Roop Chand took the plaintiff and his son to the police station without any warrant and without there being any order of eviction passed by the competent Court.