KISHORI LAL Vs. KUNDAN LAL

JUDGEMENT

(1.) MATHURA Dass was the tenant of the shop in dispute, of which Kundal Lal and Darshan Lal became landlords by purchase from the previous landlord vide registered sale deed dated 19.1.1973. After the death of Mathura Dass tenant, the landlords filed a civil suit against Kishore Lal brother of Mathura Dass tenant, on the plea that the possession of Kishori Lal was as a trespasser as the statutory tenancy of Mathura Dass was not heritable.

(2.) THE suit was contested by Kishori Lal. Both the Courts below held that the tenancy was not heritable and consequently treated the possession of Kishori Lal as trespasser and granted the decree of possession.

(3.) FACED with this situation, the learned counsel for the plaintiffs had argued that the aforesaid Full Bench judgment in Harish Chander's case (supra) is under consideration before the Supreme Court. If that is so, the proper remedy for the plaintiffs would be to approach the Supreme Court. So far as I am concerned, I am bound by the Full Bench judgment.