RAJINDER SINGH @ SHERU Vs. JIWAN SINGH

JUDGEMENT

(1.) This Appeal has been preferred against the Judgment and Decree passed by the Ld. District Judge, Kapurthala in Civil Appeal No.7333 of 2013 dated 30.07.2015, vide which, the original Judgment & Decree passed by the Ld. Addl. Civil Judge (Senior Division) Kapurthala in Civil Suit No.256 of 2010 dated 22.10.2013 in favour of the present Respondent/Plaintiff were upheld.

(2.) The Suit for eviction filed by the Respondent was decreed against the Appellant by the Ld. Trial Court, whose decision in turn was upheld by the Ld. Appellate Court. The case all along of the Appellant has been that he never was a tenant under the Respondent/Landlord at any time, and that his father namely Harduman Singh, was the actual Tenant for almost 36/37 years before the Suit was filed in 2010, and consequently, neither the Suit against the Appellant, who was not the actual Tenant, nor the Eviction Decree subsequently passed against him and affirmed by the Appellate Court, are sustainable.

(3.) Both the Ld. Courts below after going through the evidence on record had decided the dispute regarding identity of the actual Tenant in the demised Shop, in favour of the Respondent/Landlord and held that it was the Defendant/Appellant and not his father Harduman Singh, who was the actual Tenant, and thereafter both the Ld. Courts below ordered his eviction on the grounds made out by the Landlord.