RAJBIR Vs. ROSHAN LAL AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgments and decrees dated 3.2.2003 and 18.1.2007 passed respectively by the Civil Judge (Junior Division), Chandigarh (hereinafter described as 'the trial Court') and the Additional District Judge, Chandigarh (referred to hereinafter as 'the First Appellate Court') whereby the suit and the appeal of the plaintiff -appellant were dismissed. Since it is barred by time, the appellant has moved an application under Section 5 of the Limitation Act, being CM. No. 7527 -C of 2008, for condonation of 346 days' delay in its filing.

(2.) A suit for permanent injunction was preferred by the appellant seeking to restrain the defendants -respondents from interfering in his peaceful possession and running of vegetable business from front court yard on the right hand side of Shop No. 38, Grain Market, Sector 26, Chandigarh. It was pleaded that the aforesaid shop was originally owned by Shri Pritam Singh, who has since expired in the year 1999 and the said premises was taken on rent from him at a monthly rent of Rs. 700/ - including electric charges in his name by the father of the appellant as he was unemployed at that time. It was further pleaded that the appellant had been paying rent regularly to the said Pritam Singh and after the latter's death, none of his legal heirs or any other person came to collect the rent. It was averred that the appellant was still ready and willing to pay the arrears of rent to the legal heirs of Pritam Singh. It was further averred that the respondents were also having Shop No. 38 and respondent No. 1 had put his possession over the suit premises by illegally trespassing, whereas he had no right to do so. The appellant also pleaded that respondent No. 1 had started demanding rent from him despite the fact that he had no right to do so.

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