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2023 Supreme(P&H) 399

ALKA SARIN
Kuldeep Kumar Sharma – Appellant
Versus
Rbl Banarsi Dass Trust Society Registered – Respondent


Advocates appeared:
Mr. Avnish Mittal, Advocate, for the Appellant.

JUDGMENT

Alka Sarin, J. - The present appeal has been preferred by the defendantappellant against the judgments and decrees dated 16.05.2016 and 30.08.2022 passed by the Trial Court and the lower Appellate Court, respectively, whereby the suit filed by the plaintiff-respondent was decreed and the appeal filed by the defendant-appellant was subsequently dismissed.

2. The brief facts relevant to the present lis are that the plaintiffrespondent (RBL Banarsi Dass Trust Society) is a registered Trust which is owner of House No.4291 and House No.4291/2, behind B.D. Senior Secondary School, Cross-Road No.2, Ambala Cantt. One Hans Raj Sharma (father of the defendant-appellant) was a tenant in House No.4291 under the plaintiff-respondent Trust and after his death his son occupied it as tenant. The adjoining portion of House No.4291 i.e. House No.4291/2 was occupied by one Amar Nath Sharma, maternal uncle of the defendant-appellant, at a monthly rent of Rs.50/-. The said Amar Nath Sharma died without leaving any Class-1 legal heir. After his death, the defendant-appellant is stated to have occupied the said portion i.e. House No.4291/2 and started paying rent for the same against receipts afte

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