PIARE LAL SINCE Vs. KISHORI LAL

JUDGEMENT

(1.) THIS is a defendant's appeal which has been directed against the judgment and decree dated 29. 11. 1979 passed by the Court of Additional District Judge, Narnaul, who affirmed the judgment and decree dated 17. 12. 1971 passed by Sub Judge Ist Class, Rewari decreeing the suit for possession of shop No. 2220 filed by plaintiff-respondent Kishori Lal.

(2.) THE brief facts of the case are that Kishori Lal plaintiff filed a suit for possession for the shop bearing No. 2220, situated in Gokal Bazar Rewari and the case set up by the plaintiff was that firm of the defendant namely Ramji Lal Piare Lal which filed an application under section 4 of the rent Restriction Act for fixation of fair rent in the year 1960 against the previous owner of the shop in dispute which petition was dismissed on 19. 1. 60 and it was held in those proceedings that Ramji Lal was the tenant in the shop in dispute and he took the property on rent in his individual and personal capacity and that firm M/s Ramji Lal Piare Lal had no concern with the tenancy of the shop in question. Said Ramji Lal died in the year 1967 and thus according to the plaintiff he became entitled to the possession of the shop in dispute as the defendant who are partners in the firm are the trespassers. Therefore, possession is unauthorised. They were asked to vacate the shop in question but to no effect. The plaintiff has also alleged that he has suffered a loss of Rs. 40/- per month due to unauthorised occupation of the defendant, thus he is entitled to recover Rs. 960/- for the unauthorised use and occupation of the shop in dispute by the defendants. A notice was also given to the defendants to vacate the shop but to no effect.

(3.) FROM the above pleadings of the parties the following issues were framed by the trial Court: