PUSHPA WATI Vs. DAYA CHAND LAL CHAND JAIN

JUDGEMENT

(1.) This is defendant's appeal and has been directed against the judgment and decree dated 7.3.1980, passed by the Court of Additional District Judge, Ambala who set aside the judgment and decree dated 11.6.1979, passed by the Court of Sub Judge Ist Class, Ambala Cantt., who dismissed the suit of the plaintiff M/s Daya Chand Lal Chand Jain, a partnership firm, carrying on business of foodgrains at Anaj Mandi, Sadar Bazar, Ambala Cantt., which was instituted through Lal Chand its partner.

(2.) The pleadings of the parties can be summarised in the following manner. The plaintifff firm claimed a tenancy under the defendant Smt. Pushpa Wati in the ground floor of the premises in dispute. It has been alleged that the roof also formed part of the tenancy and defendant had no right or title to raise the construction of a tin-shed or to instal machine for cleaning the cotton. On these small allegations, the plaintiff firm has prayed that defendant be restrained from installing any machine etc. on the roof of the house.

(3.) The suit was contested on the ground that the tin-shed had already been constructed before the institution of the suit and no other construction was proposed to be raised by the defendant and that the suit of the plaintiff was not legally maintainable.