HARISH CHANDRA Vs. MOHAN KANWAR

JUDGEMENT

(1.) THE plaintiff respondent -landlords filed a suit for ejectment against the appellant -tenant -defendant on the ground that he was their tenant and has not paid rent and was in arrears of rent from July 1, 1960 to May 31, 1963 The appellant denied the allegation and maintained that be was not tenant of the plaintiffs. He also denied that he was in arrears of rent.

(2.) THE lower court, by its judgment dated May 27, 1966, negative the plea of the appellant and held that the plaintiffs are the landlords. He also held that the plaintiffs were entitled to arrears of rent from July 1, 1860 to May 31, 1963, and thereafter, mesne profits from June 1, 1963 to the date of the institution of the suit He, therefore, decreed the plaintiffs' suit for ejectment and arrears of rent. Aggrieved against that, the tenant filed an appeal before the learned District Judge, who accepted the plea of the tenant in so far as the eviction was concerned and eel aside the trial court's decree in so far as it has decreed eviction against the tenant. It has however affirmed the judgment and decree of the trial court on the other ground, namely, decreeing of arrears of rent. The tenant has come tip to this Court in second appeal.

(3.) AS far as the arrears of rent was concerned, no evidence was led by the defendant to show that he had paid rent for the period to the plaintiff. Indeed, be could not do so in view of the circumstances that be bad taken the stand that the plaintiffs were not his landlords. The finding therefore that the plaintiffs were entitled to recover rent from the appellant also, does not suffer from any infirmity and bat to be upheld.