The court emphasized the need for substantial justice and considered the previous adjudication in a related suit as relevant to the current case.

M.L.Singhal, J.

1. Bim Sen son of Raunaq Ram filed suit for the recovery of Rs. 4,000/- against Nand Lal and Amrik Singh. He asked for mandatory injunction directing Amrik Singh to make payment of the rent of the shop to him situated at Twakli More, Sheranwala Gate, Patiala to the extent of 1/2 share i.e. Rs. 300/- per month with effect from July 1989.

2. It Was alleged in the plaint by Bhim Sen that he is owner to the extent of 1/2 share in the disputed shop. Nand Lal defendant is owner to the extent 1/2 share He (Plaintiff) is entitled to 1/2 share of the rent which Amrik Singh defendant is liable to pay. He (Bhim Sen) had mortgaged his share to the extent of 1/2 share to Amrik Singh defendant which was got redeemed on 23.7.87 and as such he is entitled to get rent to the extent of 1/2 share. Disputed shop is on rent with Amrik Singh at a rental of Rs. 300/- per month. He filed ejectment application against Amrik Singh in which he had pleaded that he had already made payment to Nand Lal for the period till April 1989. Nand Lal also failed to make payment to the extent of 1/2 sharel Rent for the period 23.6.87 to 23.6.89 @ 300/- per month totaling Rs. 7200/- because due and he is entitled to the extent of 1/2 share i.e. Rs. 3600/-. He is also entitled to interest @ 12% per annum.

3. Defendants contested the suit. It was denied that the plaintiff is owner of the disputed shop to the extent of 1/2 share. Jagan Nath and Nand Lal were owners of the disputed shop. Jagain Nath died issueless on 3.11.78. He had executed will in favour of Nand Lal on 8.10.78 Whereby he had bequeathed his 1/2 share in favour of Nand Lal. Nand Lal thus became exclusive owner of the disputed shop after the death of Jagan Nath. Plaintiff had no fight in the shop. He had no right to mortgage any part, of the shop to Amrik Singh. He had no right to redeem the shop. Shop in question was on rent with Amrik Singh at a rental of Rs. 300/- per month under Nand Lal and Jagan Nath deceased, it was urged that the plaintiff had no right to file ejectment application against Amrik Singh regarding this shop. Since plaintiff was not owner of the shop, he had no right to ask for rent. It was urged that Amrik Singh was occupying the shop as tenant under Nand Lal and Jagan Nath at a rental of Rs. 300/- per month.

4. Plaintiffs suit was dismissed by Civil Judge(Junior Division), Patiala vide order dated 30.4.96 in view of his finding that the plaintiff was not owner of the shop. Jagan Nath and Nand Lal were owners of the disputed shop in equal shares. After the death of Jagan Nath, Nand Lal became owner of the share of Jagan Nath on the basis of will Ex.DW4/1. Nand Lal became exclusive owner of the disputed shop. Plaintiff and Amrik Singh jointed hands to defeat the right of the defendant which resulted in redemption proceedings by the plaintiff, Redemption proceedings initiated by the plaintiff had no effect so far as the defendants are concerned.

5. Bhim Sen Went in appeal. In appeal, the plaintiff asked for permission to withdraw the suit with liberty to file fresh suit. Additional District Judge, Patiala permitted him to withdraw the suit with liberty to file fresh suit on the same cause of action and on different cause of action subject to payment of Rs. 15.0.0/- as costs: Additional District judge passed the following order:-

" As the suit has been withdrawn, the appeal stands dismissed:"

6. Aggrieved from order dated 19.3.1998 passed by Additional District Judge. Patiala whereby he had permitted the plaintiff to withdraw the suit with liberty to file fresh suit on the same cause of action and on different cause of action subject to payment of Rs. 1500/- as costs, Nand Lal has come up in revision to this court.

7. Nand Lal, Bhim Sen and Jagan Nath mortgaged with possession this shop with Narata Ram through registered mortgage deed dated 12.7.49 for Rs. 1800/- They created further mortgage in the sum of Rs 500/- oh this shop in favour of Narata Ram through mo