RADHEY SHAM Vs. TARA CHAND

JUDGEMENT

(1.) FACTS , in brief are that Radhey Sham appellant and Tara Chand respondent, residents of Kaithal are real brothers Radhey Sham was serving in Haryana State Electricity Board. It is undisputed that in the family partition, shop in dispute situated in Bazar Arijanwise Kaithal, fell to the share of Radhey Sham. According to Radhey Sham while he was in service, on the demand of his brother Tara Chand, shop was given to him as a licensee. After Radhey Sham retired from service he demanded back the vacant possession of the said shop from Tara Chand. On his refusal to do so, Radhey Sham filed a suit seeking mandate against Tara Chand to hand over the vacant possession of the shop. Tara Chand, however, took up the stand that he was a tenant in the said shop and not a licensee. The suit filed by Radhey Sham was dismissed by the trial Court vide judgment and decree dated May 4, 1987.

(2.) FEELING aggrieved, Radhey Sham filed an appeal against the said judgment and decree which was heard by the Additional District Judge, Kurukshetra who finding no merit in the appeal dismissed the same vide his judgment and decree, dated September 16, 1988.

(3.) I have heard the learned counsel for the parties and have carefully gone through the record.