SALIK RAM BOLORAM MEHAR Vs. GURUVACHAN KAUR

JUDGEMENT

(1.) THIS is an appeal under section 100 of the Code of Civil Procedure filed by the defendant/tenant Salikram against the original landlord/plaintiff Jogendra Singh Ghai, who had died during pendency of this appeal and his legal representatives have been brought on record.

(2.) THIS appeal is directed against the judgment and decree dated 16th of January, 1990, passed by 1st Additional District Judge, Raigarh, in Civil Appeal No. 17 -A of 1983 arising out of the judgment and decree dated 8th of March, 1982 passed by IInd Civil Judge Class -II, Raigarh, in Civil Suit No. 181 -A of 1981.

(3.) IN the written statement, the appellant denied that he entered the suit - premises as a tenant on 30 -5 -1967. He also denied the execution of the document in relation to payment of rent of the suit -house at the rate of Rs. 30/ - per month. All other allegations were also denied by the appellant in his written statement and it was specifically pleaded that the appellant was in occupation of the suit -house in his own right as a member of joint Hindu family consisting of his brothers Dharmuram, Kirtiram, and Malikram, It was claimed that this property belonged to joint Hindu family of the aforesaid brothers, who including the appellant were in occupation of the suit -house without any formal partition, according to the mutual understanding among the brothers. It was also specifically pleaded that the document aforesaid regarding creation of tenancy with effect from 30 -5 -1967, if any, was concocted and forged.