SURJA RAM Vs. KRISHAN LAL

JUDGEMENT

(1.) -This appeal arises out of the judgment and decree dated 1,12.1990 passed by learned Addl. District Judge No: 1, Sri Ganganagar whereby the lower Appellate Court affirmed the order and decree dated 21.8.1982 passed by Munsif-cum-Judicial Magistrate, Sri Ganganagar in Civil Suit No. 142/1977.

(2.) The fact giving rise to the filing of this appeal briefly stated, are that the plaintiff- respondent filed a suit for permanent injunction against the defendant appellant before Munsif-cum-Judicial Magistrate, Sri Ganganagar for restraining the defendant-appellant from raising a wall on a piece of land in respect of Room No, 9 situated, on Plot No. 628 alleged to be rented out to the defendant on a monthly rent of Rs. 12/- In the said suit the plaintiff had also sought a feltef pf mandatory injunction for demolition of the wall already construtted by the defendant. It was further alleged in; the plaint that the aforesaid.Plot No. 628 belonged to him and was in his ownership by virtue of duly executed sale deed dated 26.2.1958 on which he had constructed 9 rooms and out of which he had rented out Room No. 9 to the defendant.

(3.) The suit was contested by the defendant wherein he had also disputed the relationship of landlord and the tenant between the parties and it has- further alleged by the defendant that the Municipal Council, Sri Ganganagar was the owner of the disputed house and as such the plaintiff had no locus standi to file the suit.