RAMESH KUMAR Vs. DINESH KUMAR

JUDGEMENT

(1.) This appeal is directed against judgment, decree dated 21.3.2001 passed by learned District Judge, Kangra at Dharamshala in Civil Appeal No. 118-K/XIII/1999 affirming judgment, decree dated 18.5.1999 passed by learned Sub Judge 1st Class (1), Kangra in Civil Suit No. 81/92.

(2.) The facts, in brief, are that respondent had filed a suit for possession of shop comprised in Khata No. 51, Khatauni No. 112, Khasra No. 1458/887 measuring 53.32 square metres situated in Up-Mohal Tehsil Chowk, Mauza Ujjain, Tehsil and District Kangra (for short 'Shop').

(3.) The suit was contested by the appellant by filing written statement. He has taken preliminary objections of maintainability, locusstandi, non-joinder of necessary parties. It was pleaded that the shop was owned and possessed by joint family. The shop was rented out at Rs. 300/- per month by Roshan Lal being member of joint family consisting of Daulat Ram, Uttam Chand etc. and received Rs. 15000/- as advance vide writing dated 8.11.1983. It was also agreed that Rs. 15000/- paid in advance would be adjusted against the rental. The suit has not been filed against the firm, the suit has been filed only against the appellant, who is carrying business under the name and style M/s Ramesh Chand and Brothers, Ramesh Chand being partner of firm. The suit is bad for non-joinder of necessary parties. The pleas of locus-standi and cause of action were also taken.