1. Shanti Lal, appellant-plaintiff filed suit in the court of Sub judge, Udhampur, for the recovery of arrears of rent amounting to Rs. 1610/- against the respondent-defendant in regard to a shop situate in Main Bazar, Udhampur, leased out to him by his mother Smt. Lakshmi Devi (died in 1977) on a monthly rental of Rs. 70/-in the year 1971. The respondent-defendant, in his written statement claimed himself to be the owner of the shop as, according to him, Smt. Lakshmi Devi during her lifetime, made will bequeathing the shop in his favour.

2. The trial court framed the following issues in the case:-

1) Whether the mother of the plaintiff was the sole owner of the suit shop and whether she gave it to defendant by an oral will? O. P. D.

2) Whether the plaintiff got the suit shop in his share and whether the plaintiff gave the suit shop to Smt. Lakshmi Devi in lieu of her maintenance? O. P. P.

3) Whether the plaintiff is the owner of the suit shop after the death of his mother? O. P. P.

4) Whether the plaintiff is entitled to recover Rs. 1.610/-as rent from 1st January, 1977 to ending November, 1978 from the defendants at the rate of Rs. 70/- per month after the death of Mst. Lakshmi D

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