YASH PAL PURI Vs. ASHOK KUMAR & ORS

JUDGEMENT

(1.) This appeal has been filed by the appellantplaintiff against the judgment and decree dated 27.05.2005 passed by the learned Additional District Judge, Fast Track Court, Chamba, District Chamba, H.P., affirming the judgment and decree dated 20.01.2001 passed by the learned Sub Judge, Chamba, whereby the suit for possession filed by the appellant-plaintiff was dismissed.

(2.) For brevity sake, hereinafter, the parties are referred to be as in the trial Court.

(3.) The brief facts emerges from the record are that the plaintiff filed a suit for possession on the ground that he is owner of the disputed stall No.2, measuring 10x12 situated at Mohalla Chowgan No.3, Chamba town, (hereinafter referred to as 'disputed stall') within the limits of Municipal Council, Chamba, District Chamba, (in short 'MC, Chamba'), which was mortgaged by him, vide agreement dated 19.4.1991, to defendant No.1 for a period of five years ending on 18.4.1995. But during the period of mortgage, defendant No.1 rented out the disputed stall to Dr.B.S. Vakil, proforma defendant No.2 and thereafter the same was illegally let out to Dr.Madan Mohan Marol, defendant No.3. It is alleged that the stipulated period of mortgage has already expired on 18.4.1995 and thereafter, the defendant No.1 is not entitled to retain the possession of the disputed stall either by himself or through his tenant Dr.Madan Mohan Marol, proforma defendant No.3. Thereafter, defendant No.1 has forcibly dispossessed defendant No.3 who has also filed a separate suit in the Court of learned Senior Sub Judge, Chamba. It is further alleged that now the plaintiff requires the said stall for his personal use as he has got no other shop, except the disputed one, therefore, he issued statutory notice to the defendants No.1 and 2 calling upon them to hand over the vacant possession of the disputed stall to him but defendant No.1 failed to do so. As such, the plaintiff has filed the present suit against the defendants.