ISWAR DUTT Vs. SUNDER SINGH

JUDGEMENT

(1.) THIS is an appeal against the dismissal of a suit for eviction instituted by the appellants before the Collector at Jammu under the provisions of the Jammu and Kashmir Tenancy Act.

(2.) THE suit was based on a lease alleged to have been executed by the first respondent to the appellants in respect of the suit land on 7th Katik 2011 for a period of two years. As the tenant did not surrender possession after the expiry of the two years stipulated in the lease, the appellants claimed that they were entitled to a decree in ejectment. They also alleged that the first respondent had sublet the land to the second respondent. This was set up as another ground for eviction.

(3.) THE first respondent in his written statement denied the execution of the lease mentioned in the plaint. He claimed that he was a protected tenant who was not liable to be evicted. The allegation that he had sub -let the lands to the second respondent was also stoutly denied by him. He stated that the second respondent is his brother, that his father was holding the land as tenant and that on his death the land devolved on respondents 1 and 2. The second respondent was thus a co -tenant in his own right and not a sub -tenant as alleged in the plaint.