1978 Supreme(All) 257
GOPINATH
Hari Lal – Appellant
Versus
Amrik Singh – Respondent
Advocates:
A.N. Bhargawa and G.P. Bhargawa, for Appellant; S.P. Srivastava, for Respondents.
JUDGMENT :- This is a defendant s appeal arising out of a suit for a declaration that the plaintiff was the owner of the premises in suit and the landlord of the defendant No. 1. He further prayed for a decree of eviction against the defendant No. 1 and the recovery of rent, damages and mesne profits from him. Plaintiff s case was that defendant No. 2 Sita Ram was the owner of the house in suit. He sold it to the plaintiff for a sum of Rs. 8,500 under a registered sale-deed dated 14-8-1968. Defendant No. 1 was Sita Ram s tenant. He was informed of the sale-deed and that he was the plaintiff s tenant thereafter. He, however, denied Sita Rani s title as also of the plaintiff s to the property and asserted a hostile title in himself. He did not pay any rent to the plaintiff since 14-8-1968. He was served with a composite notice of demand and termination of tenancy dated 22-4-1969. He paid no heed to it and neither paid any rent nor vacated the premises instead claimed to be the owner of the property. Hence the suit.
2. Defendant No. 2, Sita Ram supported the plaintiff s claim and alleged that the house in suit was an ancestral property and his grandfather was the owner of it along with
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