HARDYAL SINGH Vs. HARDYAL SINGH AND ORS.

JUDGEMENT

(1.) THIS is the Plaintiff's appeal against the judgment and decree of two Courts below dismissing his suit praying for a decree of suit for possession of half portion of Stall No. 7, Lakkar Bazar, Shimla and for rendition of accounts.

(2.) THE Plaintiff instituted the suit out of which this appeal arises pleading that he and Defendant No. 1 are joint tenants in the property in dispute i.e. Stall No. 7, Lakkar Bazar, Shimla, on an annual rent of Rs. 104.60 paise. Defendant No. 2, D.A.V. School was the owner of this property and Defendant No. 3 vide Ex.PW -4/A allotted another Stall to both the Plaintiff and the Defendants, as Stall No. 7 had to be demolished.

(3.) THIS question with respect to Ex.PW -4/A came up for consideration before this Court on 22.9.2008 when it was directed: