MEHAR CHAND Vs. DHARAMVIR SETHI

JUDGEMENT

(1.) THIS is the Defendant 'sappeal against the concurrent findings of the two Courts below decreeing the suit of the Plaintiff for possession of the suit premises subject matter of the suit before the learned trial Court.

(2.) THE Plaintiff filed the suit on the basis of title claiming possession alleging that the Defendant, Appellant herein, was in illegal possession of the property since 1979 and being a trespasser is liable to be dispossessed from the disputed shop. The defence of the Appellant herein was that he was a tenant in the shop which was at one point of time jointly owned by two brothers; namely; Pritam Singh and Balwant Singh. In the litigation interse between the two sons, the shop was inherited by Balwant Singh on the basis of a will executed by their father.

(3.) THE learned Court also holds that Ex.PW -6/Ais a rent note executed between Balwant Singh and one Faquir Chand Dhiman which note has been witnessed by the Appellant himself on 8.5.1978. In these circumstances, the question of creation of tenancy in his favour as claimed did not arise. Decree, as prayed for, was granted.