BARKAT SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff appellant against the judgment and decree passed by the Senior Civil Judge, Baran, dated January 31, 1998 whereby he accepted the defendant's appeal and rejected the cross -objection filed by the plaintiff.

(2.) THE suit was filed by the plaintiff on the allegation that the defendant was his subtenant end bad not raid arrears of rent from July 1, 1958 to October 31,1960 and that the plaintiff respondent required the suit premises bonafide for his own need, and praying that a decree for eviction be passed against the defendant. These pleas were countered by the defendant who maintained that the defendant had been put in possession of the shop by the plaintiff with the specific understanding that he will get the tenancy transferred in the defendant's name from the lane lord but that he changed his mind later on and wanted to resume possession. He also pleaded that be had been paying the rent to the landlord and further that a new tenancy was created in his favour by the landlord from November 1, 1958.

(3.) THE defendant filed an appeal, which has been allowed on the finding by the lower appellate court that be tenancy of the plaintiff had been surrendered by him and the defendant was a direct tenant of the landlord. The plaintiff bad filed cross -objection for the arrears of rent prior to the period of July 17, 1959. The lower appellate court, by his judgment dated January 31, 1968, allowed the appeal of the defendant, while dismissing the cross -objection of the plaintiff. The plaintiff has come In second appeal to this court.