ROSHAN LAL NARULA Vs. GURCHARAN SINGH

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 31.12.2012 rendered by the Additional District Judge-I, Kangra at Dharamshala in

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that respondent-plaintiff (hereinafter referred to as the "plaintiff" for convenience sake) filed a suit seeking decree of possession of Shop No.56, Ward No.6 of Municipal Council, Dharamshala, District Kangra measuring 3.26 meters X 3.30 meters comprised in Khasra No. 4839/2431/1 of Khata No. 403 min and Khatauni No. 813 min, situated in Up-Mohal Dharamshala, Tehsil Dharamshala, District Kangra, as per jamabandi for the year 2000-2001. According to the plaintiff, he is owner of the shop. The appellant-defendant (hereinafter referred to as the "defendant" for convenience sake) was in unauthorized occupation of the same. The plaintiff has purchased the shop from Smt. Sharanjeet Kaur, the power of attorney and wife of Prithi Pal Singh, resident of 233, Sanjay Marg, Chilgari, Dharamshala, District Kangra on 10.1.2003 vide registered sale deed (Ex.PW-1/A). Thereafter, necessary mutation was also attested in favour of the plaintiff bearing No. 1099 dated 13.1.2003. There has been no rent agreement in between the defendant and Smt. Sharanjeet Kaur or her husband Prithi Pal Singh. The defendant has no title over the shop.

(3.) The suit was contested by the defendant.