OM PARKASH Vs. HIMANSHU AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner challenges the judgment and decree passed by the learned Additional Civil Judge (Senior Division), Sonepat, on 11.09.2015, by which the suit filed by the six respondents herein under Section 6 of the Specific Relief Act, 1963, seeking restoration of the suit property, has been allowed.

(2.) As per the case of the respondents-plaintiffs, the suit property was a shop in Sonepat, Haryana, that was first occupied as a tenant by their grand-father Goverdhan Dass, in the year 1962 at a monthly rent of Rs. 24. Thereafter, the tenancy was stated to have passed on to the respondents-plaintiffs' father, Jagdish Chander @ Jaggi, upon the death of Goverdhan Dass on 15.02.1989, after which he was stated to have been running the shop in question, with the rent being paid regularly to the present petitioner (landlord).

(3.) It was further pleaded by the respondents-plaintiffs in their suit that on the morning of 12.10.2008, when Jagdish Chander reached the shop to open it, he found that the locks on the shop had been changed and on enquiry from neighbours, he came to know that the present petitioner, Om Parkash, had broken open the locks used by Jagdish Chander and had replaced them with his own lock. As per the respondents, Jagdish Chander is stated to have contacted the petitioner (defendant in the suit) seeking the reason for the change, to which the petitioner is contended to have replied that all goods belonging to Jagdish Chander had been sent to Panipat.