TEK SINGH AND OTHERS Vs. GANGA DEVI

JUDGEMENT

(1.) The plaintiffs' suit for rendition of a decree in respect of theirs being entitled for vacant possession of the suit land being rendered qua thereto, was, under concurrent pronouncements recorded thereon by both the learned Courts below, hence, dismissed.

(2.) Briefly stated the facts of the case are that the plaintiffs claimed themselves to be owner of a house situated over the land measuring 308 square meters situate in mauja Sirinagar, Tehsil Kandaghat, District Solan, H.P, which their predecessor Ram Rattan had let out to one Mangat Ram on a monthly rent of Rs.10/- per month about 55 years back and in the year 1970, the rent was increase to Rs.20/ per month. Mangat Ram said to have died on 10.02.1989 and after his demise the tenancy was alleged to have been paid regularly upto June, 1995, but from July, 1995 onwards the respondent/defendant refused to pay the rent.

(3.) The defendant contested the suit and filed written statement, wherein, she denied the state of the plaintiffs that the Mangat Ram was tenant in the demised premises on payment of rent. It is averred that Mangat Ram built up the house in question more than 40 years back on the land in question which was possessed by Mangat Ram openly continuously exclusively to the knowledge of every one as owner. Mangat Ram had already became owner of the property including the property in question and has bequeathed his entire property including the property in question in favour of the defendant by a registered Will of 5.6.1985. It was denied that on the demise of Mangat Ram, the tenancy was transferred in her name at the monthly rent of Rs.100/- per month. The defendant also denied the factum of hers being in arrears of rent and also liable to pay mesne profit.