LACHMAN SINGH Vs. SOHAN LAL

JUDGEMENT

(1.) THIS is a defendants appeal, wherein plaintiff has filed cross -objections. By means of judgment and decree dated: 30.01.1984 1st: Additional District Judge, Jammu while partly allowing the appeal has passed a decree for Rs. 600/ - as arrears of rent in favour of the plaintiff and against the defendant, but has declined the claim of possession of the shops in question for which suit had been filed. In this judgment parties are being referred to as plaintiff and defendant.

(2.) FACTS giving rise to this case are that suit was filed by the plaintiff wherein he prayed for the relief of possession of two shops as well as for recovery of arrears of rent regarding these two shops which were situate at Tali -morh Darspur, Tehsil R. S. Pura. Case of the plaintiff further was that he is the owner of the two shops which he had let out to the defendant on a rental of Rs. 10/ - PM each. Since respondent was in arrears of rent for 21/2 years from 1968 to March 1971 and his tenancy having been lawfully determined before filing this suit the plaintiff was entitled to possession and arrears of rent. Plaintiff also claimed to have sent notice to the defendant in that behalf. Defendant on the other hand in his reply to the notice neither admitted the title of the plaintiff qua the shops in question nor did he care to pay the rent as claimed in the notice as according to him there was no liability to pay anything. In fact he while repudiating the claim of the plaintiff regarding the shops in question pleaded himself to be the owner of such shops and this compelled the plaintiff to file the suit. In the suit defendant reiterated his aforesaid stand and further pleaded that the property described in the notice was different from the one for which suit had been filed by him. Legality as well as validity of the notice was also questioned by the defendant.

(3.) ON the aforesaid pleadings, parties went to trial on the following issues: