Parmod Kumar vs Pawan Kumar - 2023 Supreme(P&H) 632

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 632

KARAMJIT SINGH
Parmod Kumar – Appellant
Versus
Pawan Kumar – Respondent

Advocates appeared:
Mr. Balkar Singh, Advocate, for the appellant.
Mr. J.K. Goel, Advocate, for the respondents.

KARAMJIT SINGH, J.

By way of present appeal, the appellant/defendant has laid challenge to the judgments and decrees dated 16.2.2017 and 21.3.2022 passed by the Courts below whereby the suit for possession and to pay arrears of rent and mesne profits along with interest filed by respondents No.1 and 2 has been decreed.

2. Brief facts of the case are that respondents No.1 and 2 are owners of shop in dispute bearing No.6, Old No.209-A situated in Bakala Market, Sadhaura, Tehsil and District Yamuna Nagar and that the appellant was inducted as a tenant in the said shop at monthly rent of Rs.1000/-. The appellant failed to pay rent since 1.4.2011 and also impaired the value and utility of the shop. Respondents No.1 and 2 terminated the tenancy of the appellant by serving him legal notice dated 11.1.2012 but he failed to vacate the shop in question. Hence the suit.

3. The suit was contested by the appellant who filed written statement taking preliminary objections with regard to maintainability of the suit, locus standi and cause of action of respondents No.1 and 2. On merits, the relationship of landlord and tenant between the parties was denied and it was pleaded that Parkash Chand father

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