RAM PIYARI Vs. GANGA RAM

JUDGEMENT

(1.) This is a Defendant's second appeal arising out of a suit for permanent injunction.

(2.) The Plaintiff alleged that he was the tenant of the Defendant, Smt. Ram Piyari, in the land in suit and that the Defendants were interfering with his lawful possession thereon. The Defendants contested the suit and asserted that the tenancy of the Plaintiff' had been determined when he surrendered possession in favour of the Defendant Smt. Ram Piyari. Thereafter, it was said, she had accepted the Defendant, Lakhu, as tenant of the land in suit. The trial court framed a number of issues, the first being whether the Plaintiff was the tenant of the land in suit, the second whether the Plaintiff' had relinquished possession of the land in suit as alleged, and the third was whether the suit was maintainable in its present form. The trial court decreed the suit and granted a permanent injunction.

(3.) An appeal by the Defendant, Smt. Ram Piyari, has been dismissed by the lower appellate court. The lower appellate court has held that the Plaintiff did not surrender possession and it was not proved that he had relinquished his rights in the land.