DHARMO DEVI Vs. MOORTI SHIVJI MAHARAJ

JUDGEMENT

(1.) THIS is defendants appeal under section 100 of the Code of Civil Procedure. It is against the judgment and decree dated 19 -12 -1989 passed by the court of Munsiff, Jammu which has been affirmed by the first appellate court. The facts of the case in brief are these. Appellants are in possession of residential accommodation, which according to the plaintiff, was leased to late Govind Singh by late Baba Shankaranand. After the death of Govind Singh, appellants who are his legal heirs not only refused to pay monthly rental but also denied the title of the landlord. This provoked the plaintiff -respondent herein to institute suit for their ejectment on the grounds of default in the payment of rent and forfeiture of tenancy.

(2.) THE defendants resisted by denying the title of the plaintiff and also pleaded ownership by adverse possession.

(3.) ON the pleadings of the parties, a number of issues were framed by the trial court including the issue of three defaults in the payment of monthly rent and forfeiture of tenancy rights.