DEVKI NANDAN Vs. RAKESH SOOD

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the learned District Judge, Solan, in Civil Appeal No. l0 -S Of 1997, dated 23rd March, 1999. While allowing the appeal filed by respondents, (hereinafter referred to as the defendants), suit filed by the appellants, (hereinafter referred to as the plaintiffs has been dismissed. Plaintiffs impugnn this decree of the appellate court below in this appeal. Appeal was admitted on substantial questions of law named at Sr. No.2 to 4 at page 7 of the appeal, which are as under: - "2. Whether the Ex.PW -1/B (Agreement) which proves Late shri Sis Ram to be the exclusive tenant, has been proved as per the Section 90 of the Evidence Act?

(2.) Brief facts of the case which are necessary for deciding this appeal need to be noted.

(3.) Plaintiffs are owners of a double storeyed building situated in Lakkar Bazar, Solan. This property was earlier owned by one Kulwant Rai, who sold it to Smt. Sushila and from her present plaintiffs purchase it. Plaintiffs further allege that initially one Sees Ram was inducted as a tenant who executed a rent note Ex.PW -1/B. Their specific case was that Sees Ram was tenant in his individual capacity. Since his widow is no more as also he had no issue as such the defendants are trespassers. In this background they claimed possession of the property in suit. They also claimed possession of the property in suit. They also claimed Rs.500/ - per month for use and occupation charges since the defendants were illegally enjoying the premises in question. So far Sees Ram was concerned, he was tenant on Rs.400/ - per month as rent. He died somewhere in the month of January/February, 1986. Premises having been locked by both the defendants without any right to remain in possession, as such plaintiffs prayed for a decree of possession as well as for payment of money.