PUKHA Vs. POONAM CHAND

JUDGEMENT

(1.) THIS is a defendant -tenant's second appeal in a rent and ejectment suit filed by plaintiff respondent.

(2.) THE plaintiff purchased the property vide Ex. 1 executed by Shri Mishri Lal as special power of attorney holder of Amolakchand. The appellant was occupying the suit premises as a tenant vide Ex. 3 rent -note executed in favour of Amolak Chand and his son Chain Raj. The plaintiff gave a notice terminating the tenancy and filed the present suit. The suit was. contested by the appellant. In the trial court, after recording the evidence decreed the plaintiff's suit. The said decree was confirmed by the first appellate court i.e. the Additional District Judge, Pali and hence this appeal.

(3.) I have gone through the record of the case as also the submissions made at the Bar and the authorities cited. Both the courts below have decreed the suit holding the appellant as tenant and the plaintiff -respondent as the landlord having purchased the property vide Ex. 1 sale -deed and in second appeal I cannot disturb this finding of fact. It is not open for the tenant or for the court to decide whether the sale -deed Ex. 1 has been validly executed or has passed the title legally to the plaintiff -landlord.