MAHENDER RAJ Vs. TEK CHAND

JUDGEMENT

(1.) Judgment of reversal stands challenged by the defendant-appellant Mahender Raj (hereinafter referred to as the defendant), in the present appeal, filed under the provisions of Section 100 of the Code of Civil Procedure, which stands admitted on the following substantial questions of law:

(2.) Respondent-plaintiff Tek Chand (hereinafter referred to as the plaintiff) filed a suit for ejectment from suit property, comprising of four rooms and a shop existing upon Khasra No.242, measuring 0-4-8 bighas, Mohal Palli/591, Tehsil Paddar, District Mandi. Allegedly plaintiff, being owner, had let out the suit property to the defendant on a monthly rental of Rs. 600/-. Despite demands, defendant failed to pay rent and as such notice (Ex. P-5) determining his tenancy, calling upon him to hand over possession, was got issued by the plaintiff. Defendant failed to comply with the same and as such, plaintiff filed the suit for possession and recovery of arrears of rent, amounting to Rs. 7,200/-.

(3.) Defendant resisted the suit, denying plaintiff's ownership and any tenancy under him. On the contrary, he claimed ownership of the suit land and possession by way of adverse possession.