OM PARKASH Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by learned District Judge, Rajouri in File No. 2/Appeal dated 28.2.1998, filed by Om Parkash (hereinafter referred to as defendant). This appeal before the appellate Court was filed against the judgment and decree passed by Sub Judge, Rajouri to File No. 47/Civil dated 27.3.1995 in suit filed by Surinder Kumar and two others (hereinafter referred to as plaintiffs.) Suit of the plaintiffs was decreed by the trial Court and consequently a decree for ejectment was passed since the defendant had failed to pay the rent from July, 1992 along with costs of the suit. In appeal this decree of the trial Court was upheld by the appellate Court, hence this appeal at the instance of defendant.

(2.) SINCE plaintiffs were on caveat, therefore after calling for the records the parties have been heard at length at admission stage. With a view to properly understand and appreciate the respective submissions urged on behalf of the parties brief facts need to be noticed, which are to the following effect :-

(3.) THIS suit was resisted by the defendant, who filed evasive written statement to the plaint but raised additional plea to the effect that though the plaintiffs were approached for letting out a shop on rent and for that purpose rent deed was executed, but he could not be put in possession as the premises were with a third person. Consequently Surinder Kumar, plaintiff No. 1 declared the rent deed to be non-est and accordingly to defendant he was assured that the same would not be acted upon. Defendant further claimed that he started a tea stall adjacent to the said shop near the road. Later he purchased the back portion of the shop from Karan Vir and others, and has developed a shop in which the land on which the old khokha was built was also merged. In this background he urged that the premises were not taken on rent by him from the plaintiffs, who in fact were not in a position to put him in possession thereof because of premises being occupied by someone else. It may be noted here that when a reference is made to the statement of facts detailed in the plaint, those have not been either specifically admitted or denied as required under the law of pleadings.