SUCHA SINGH Vs. HARDEEP KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff - Sucha Singh had brought a suit against the defendants - Darshan Lal, Hardeep Kaur and Mehboobpreet seeking possession by way of ejectment of defendant No.1 from two shops measuring 24' x 37' constructed in Khasra No.456 situated at village Basantpura fully detailed and described in the head-note of the plaint besides seeking

(2.) recovery of Rs.33,600/- as arrears of rent from 28.2.2001 to 28.2.2003 @ Rs.1,400/- per month.

(3.) As per the version of the plaintiff, he had purchased khasra No.456 along with other khasra numbers from Krishna Devi, widow of Om Parkash and others vide sale deed dated 28.2.2001 registered on 12.3.2001; that the defendant No.1 has been in possession of the shops as lessee paying rent of Rs.1,400/- per month to Hardeep Kaur wife of Ramji Dass - defendant No.2; that after purchase, the plaintiff has also become co-sharer in khasra No.456 and he had requested defendant No.1 to pay the rent to him proportionately but he did not do so; that the plaintiff had requested him to vacate the shops in dispute but to no effect; that he had got a legal notice under Section 106 of Transfer of Property Act issued to defendant No.1 to vacate the shops and to pay the arrears of rent but to no effect; that defendant No.1 remained adamant to pay rent to defendant No.2 and defendant No.2 had not been paying the proportionate rent to the plaintiff. Feeling aggrieved the plaintiff had filed the suit in question.