SATISH CHHIBBER Vs. SAVITRI DEVI

JUDGEMENT

(1.) This is the defendants second appeal against the judgment and decree dated 6.7.1995 of the learned District Judge (Forests), Shimla, affirming the judgment and decree dated 21.3.1990 of the learned Sub Judge 1st Class (III), Shimla.

(2.) The subject -matter of dispute between the parties is the shop situate in Khalini. This shop has been specifically shown and described in the plaint and is being hereinafter referred to as the shop in dispute.

(3.) Briefly stated, the facts as are disclosed in the plaint are these. Defendant No.4 Raja Hitender Sain (respondent No.2 in the present appeal) is the owner of the shop in dispute. It was let out by him to one Lakhu Ram, the husband of the plaintiff Smt Savitri, on a monthly rental of Rs.300/ -. After the death of the said Lakhu Ram, the tenancy qua the shop in dispute came to be inherited by the plaintiff. The defendants 1 to 3 in connivance with defendant No.4, on 31.8.1986, took forcible possession of the shop in dispute after breaking open die lock. A report regarding mis occurrence was made to the police. However, instead of registering a case against defendants 1 to 3, the police registered a case under section 448, Indian Penal Code against Tilak Raj, the son of the plaintiff. Since the defendants 1 to 3 failed and refused to handover the possession of the shop in dispute to the plaintiff, a suit for possession under section 6 of the Specific Relief Act, 1963, came to be filed by the plaintiff on 28.11.1986.