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2016 Supreme(P&H) 112

AMIT RAWAL
Chander Parkash Soni – Appellant
Versus
R. S. Grewal – Respondent


Advocates Appeared:
Mr. Vikas Bahl, Sr. Advocate with Mr. Narinder Kumar Vadehra, Advocate for appellant. (In both appeals)
Mr. Puneet Bali, Sr. Advocate with Mr. Vibhav Jain, Advocate & Mr. Arun Gupta, Ms. Kanika Grewal, Advocate for respondents.

JUDGMENT :

AMIT RAWAL, J.

This order of mine shall dispose of two Regular Second Appeals bearing No.3241 of 2014 titled as Chander Parkash Soni Vs. R.S. Grewal & ors. and RSA No.3720 of 2014 titled as Sushil Kumar Tiwari Vs. R.S. Grewal and ors. filed at the instance of defendants who are aggrieved of the findings rendered by both the Courts below, whereby suit for possession of the suit property in their occupation, as tenants, have been decreed.

Mr. Vikas Bahl, learned Senior Advocate assisted by Mr. Narinder Kumar Vadehra, learned counsel appearing on behalf of appellant submits that suit for possession ex facie was not maintainable, for, the defendants were put into possession of the shops as tenants by Smt. Shivdev Kaur d/o Hira Singh. In order to appreciate the aforementioned contention, it would be apt to give brief facts which has resulted into passing of the impugned judgment and decrees of both the Courts below.

The respondent plaintiff instituted two civil suits against the appellants defendants claiming possession of shops of single storey as shown in the site plan attached as per the description given in the plaints, on the premise that Dr. Hira Singh Grewal was owner
































































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