VIJAY PAL AND ORS. Vs. BABITA DUBEY

JUDGEMENT

(1.) TWO cases are going on between the parties. One of the cases is a civil suit filed by the Respondent/landlord for issuance of permanent prohibitory injunction, restraining the Petitioners/tenants from changing nature of the tenanted structure and also raising any construction on the vacant portion of the tenanted premises. Plea raised by the Petitioners in the civil suit is that they are in possession, in their own right, having remained in adverse possession for more than 12 years.

(2.) THE other case is in the nature of petition, under Section 14 of the H.P. Urban Rent Control Act, for eviction. This petition has also been filed by the Respondent/landlord against the Petitioners/tenants. Eviction has been sought on some of the statutory grounds. In that petition also, plea taken by the Petitioners/tenants is denial of relationship of landlord and tenant and they have claimed title in themselves.

(3.) I have heard learned Counsel for both the parties. The sole question involved in both cases pending in the lower fora, i.e. civil suit, as also the eviction petition, is whether the Petitioners are tenants or they have acquired title by way of prescription. Now, when statement of Mohinder Lal has been allowed to be placed on record in the civil suit, the same should have been allowed to be placed on record in the eviction petition also, because question involved in both the litigations is same.