SUKHDEV SINGH Vs. BALJINDER SINGH (P&H)

JUDGEMENT

(1.) Defendant-appellant is in regular second appeal against the judgment passed by learned First Appellate Court.

(2.) Plaintiff had filed a suit for possession of the suit property on which a Dhaba (eating joint) is being run by the defendant. Plaintiff also prayed for recovery of rent from June 2008 till the filing of the suit and further mesne profit @ L 1,000/- per month. It is the case of the plaintiff that he had taken on lease land measuring 06 kanals from Mohant Piare Dass Boghpur who was owner of the property. It was further pleaded that the defendant was permitted to run a Dhaba on the vacant land as the petrol pump was installed only on 3.5 kanal of land. Defendant had failed to pay rent since June 2008 and hence tenancy was terminated by notice dated 07.09.2010.

(3.) In the written statement, defendant pleaded that there is no relationship of landlord and tenant between the parties and the land was owned by one Bakshi Ram son of Gobind Ram and he was paying the rent to the aforesaid Bakshi Ram.