MANJIT SINGH Vs. COL KAPOOR SINGH

JUDGEMENT

(1.) By way of this appeal, appellant has challenged the judgment and decree passed by the Court of learned Civil Judge (Sr. Divn.), Palampur, District Kangra, HP, in Civil Suit No. 37/2008, decided on 02.03.2008, vide which, learned Trial Court decreed the suit filed by the present respondents/ plaintiffs for recovery and possession of the suit premises, as also the judgment and decree passed by the Court of learned Additional District Judge-1, Kangra at Dharamshala, H.P., in Civil Appeal No. 3-P/2009, dated 17.1.2012, whereby learned Appellate Court while dismissing the appeal filed by the present appellant, upheld the judgment and decree passed by the learned trial Court.

(2.) Brief facts necessary for adjudication of the present appeal are as under:-

(3.) The claim of the plaintiffs was resisted by the defendant inter alia on the ground that shop in dispute was rented out by Tirath Ram and his son and not by the plaintiffs and defendant had already paid rent in advance to the said owner. As per defendant, he was never inducted as a tenant by the plaintiffs in the premises in dispute on rent of Rs.750/- per month. He had already paid rent in advance up to 03.02.2008 to Tirath Ram and his son, who had acknowledged the receipt of rent by way of issuance of rent receipts. On these bases, defendant had contested the suit of the plaintiffs.