NATHU RAM Vs. SHAMBHU DAYAL

JUDGEMENT

(1.) This second appeal by Nathu Ram arises out of execution proceedings Shambbu Dayal, respondent, had filed a suit in the court of Munsiff, Alwar, against Chet Ram, who is now dead and is represented by respondents Nos. 2, 3 and 4, namely, Chand Ram, Nanak Ram and Kishan Lal, for ejectment from a shop, situated in Nalanio -ki Gali, Alwar.

(2.) In this suit, Shambhu Dayal obtained a compromise decree for eviction on August 3, 1965 against Chet Ram, defendant. On April 20, 1967, Shambhu Dayal filed an application for execution of the decree and impleaded Nathu Ram as co judgment debtor. It was pleaded that after the decree, Shambhu Dayal sublet the shop to Nathu Ram. Chet Ram as well as Nathu Ram contested the execution application; Chet Ram alleged that be had already given vacant possession of the shop to Shambhu Dayal. Nathu Ram alleged that on vacating the shop by Chet Ram, the shop was let out to him on a monthly rent of Rs. 100/and a rent note to that effect was also executed by him in favour of Shambbu Dayal on January 10, 1966. In other words, Nathu Ram pleaded that be was occupying the shop in his own right as a direct tenant of Shambhu Dayal and not as a sub -tenant of Chet Ram.

(3.) The executing court framed the following issues, -