NAND LAL Vs. BHIM SEN

JUDGEMENT

(1.) BHIM Sen of Raunaq Ram filed suit for the recovery of Rs. 4,000/- against Nand Lal and Amrik Singh. He asked for mandatory injunction directing Amrik Singh to make payment of the rent of the shop to him situated at Twakli More, Sheranwala Gate, Patiala to the extent of 1/2 share i.e. Rs. 300/- per month with effect from July 1989.

(2.) IT was alleged in the plaint by Bhim Sen that he is owner to the extent of 1/2 share in the disputed shop. Nand Lal defendant is owner to the extent 1/2 share. He (plaintiff) is entitled to 1/2 share of the rent which Amrik Singh defendant is liable to pay. He (Bhim Sen) had mortgaged his share to the extent of 1/2 share to Amrik Singh defendant which was got redeemed on 23.7.87 and as such he is entitled to get rent to the extent of 1/2 share. Disputed shop is on rent with Amrik Singh at a rental of Rs. 300/- per month. He filed ejectment application against Amrik Singh in which he had pleaded that he had already made payment to Nand Lal for the period till April 1989. Nand Lal also failed to make payment to the extent of 1/2 share. Rent for the period 23.6.87 to 23.6.89 @ Rs. 300/- per month totaling Rs. 7200/- became due and he is entitled to the extent of 1/2 share i.e. Rs. 3600/-. He is also entitled to interest @ 12% per annum.

(3.) PLAINTIFF 's suit was dismissed by Civil Judge (Junior Division), Patiala vide order dated 30.4.96 in view of his finding that the plaintiff was not owner of the shop. Jagan Nath and Nand Lal were owners of the disputed shop in equal shares. After the death of Jagan Nath, Nand Lal became owner of the share of Jagan Nath on the basis of will Ex. DW4/1. Nand Lal became exclusive owner of the disputed shop. Plaintiff and Amrik Singh joined hands to defeat the right of the defendant which resulted in redemption proceedings by the plaintiff. Redemption proceedings initiated by the plaintiff had no effect so far as the defendants are concerned.