STATE OF PUNJAB Vs. DIALI RAM

JUDGEMENT

(1.) THIS is defendants appeal against the judgment and decree of the Additional District Judge whereby the appeal filed against the judgment and decree, of the trial Court has been partially accepted.

(2.) PLAINTIFF filed a suit for declaration to the effect that he is a tenant in Nazool shop situate in Chowk Fort, Patiala, at the rate of Rs. 75/- per month and notice dated 27. 6. 1983 alleging sub-letting is illegal, arbitrary, mala fide, uncalled for, without jurisdiction and against the principle of equity. The plaintiff further claimed relief of mandatory injunction for directing the defendants to charge the rent at the old rate and not to enhance the same without any legislation and the excess amount already received be refunded.

(3.) ON the pleadings of the parties, a number of issues relating to rate of rent; legality of notice dated 27. 6. 1983; jurisdiction of the civil Court; maintainability of the suit and the effect of non-joinder of necessary parties were duly framed.