Pattan Din vs Sardar Karam Singh - 1966 Supreme(All) 420

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1966 Supreme(All) 420

MAHESH CHANDRA
Pattan Din – Appellant
Versus
Sardar Karam Singh – Respondent

Advocates appeared:
Shafiq Mirza, holding brief of S. Rahman, For the Appellant / Akhtar Husain, For the Respondent

ORDER

Mahesh Chandra, J. - This is a Defendant's second appeal against the judgment and decree of the Court below. Sardar Karam Singh Respondent sued Pattan Din Appellant for recovery of possession and Rs. 24.75 as compensation for use and occupation of a shop including the site. The Respondent alleged that the Appellant was a tenant of the shop which was taken back by the Respondent later on for being included in his compound, that the Appellant wanted the Respondent to accommodate him and the Respondent allowed the Appellant to occupy the shop in suit as a licensee, that the licence was revoked by means of two notices given to him to vacate the shop and that even if the Appellant be treated as a tenant the tenancy had been terminated by notices u/s 106, Transfer of Property Act.

2. The Appellant contended that he was a tenant of the shop in suit, that he had invested Rs. 24.75 in the repairs of the shop and that in a suit filed by the Appellant against the Respondent for permanent injunction the Appellant was treated as a tenant of the Respondent, an that the Respondent was not entitled to have the shop vacated or to any decree for any compensation.

3. The trial court held that the

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