1. This judgement will dispose of R.F.A. No. 1817 of 1978, R.S.A. No. 1210 of 1982 and Civil Miscellaneous Applications Nos. 885-CI and 886-CI of 1986.

2. The facts as given in R.F.A. No. 1817 of 1978 are that Piara Singh was the owner of shop-cum-flat No. 21, Sector 26, Grain Market, Chandigarh. The plaintiffs purchase the said Flat from him for a consideration of Rs. 75,000/- on 22-11-1971. It is alleged that the defendant delivered possession of the ground floor to them on the same day which was let out by them to one Gulshan Rai Sapra. However, the defendant could not give vacant possession of the first and second floors of the building to them and consequently, he agreed to pay the rent at the rate of Rs. 400/- per mensem to them. They filed an eviction petition against the defendant regarding first and second floors of the building in which the defendant took a plea that there existed no relationship of landlord and tenant between the parties and that he was a trespasser in the building. Consequently, they filed a suit for possession of the first and second floors of the building and for recovery of Rs. 14,000/- as damages for use and occupation with effect from 1-7-1