Regular Second Appeal No.300 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.300 of 2010 (O&M) Date of Decision : 30th March, 2010 Jaswant Singh ....Appellant. Versus Jeeto ....Respondent. CORAM: HON'BLE MR. JUSTICE L.N.MITTAL Present: Mr.R.K.Arya Advocate for the appellant. * * * L.N.Mittal,J.(Oral) Civil Misc. No.848-C of 2010 Allowed as prayed for. Civil Misc. No.849-C of 2010 Learned counsel for the appellant states that deficiency in court fee has been made good. The application is, therefore, allowed. Civil Misc. No.850-C of 2010 For the reasons mentioned in the application, the delay of 21 days in re-filing the appeal is condoned. Civil Misc. No.851-C of 2010 For the reasons mentioned in the application which is accompanied by affidavit, delay of 30 days in filing the appeal is condoned. RSA No.300 of 2010 Jaswant Singh-plaintiff has filed the instant second appeal. Appellant filed ejectment suit against Thoru Ram (since deceased and represented by his widow Jeeto-respondent as legal representative) Regular Second Appeal No.300 of 2010 (O&M) 2 alleging that originally plaintiff's father Gurbux Singh, Kartar Singh, Tara Singh let out the disputed shop to the defendant in the year 1980 at a monthly rent of Rs.100/- per month. After death of Gurbux Singh, defendant had been paying rent to the plaintiff and also to Kartar Singh. Defendant's tenancy was terminated by serving notice dated 02.02.2000. The defendant denied the plaintiff averments and pleaded that the plaintiff is neither owner nor landlord of the disputed shop. The land underneath the shop belongs to the Gram Panchayat and construction was raised by the defendant in the year 1977. It was denied that defendant had taken the shop on rent from Gurbux Singh etc in the year 1980. The defendant never paid any rent to the plaintiff. The plaintiff has no right, title or interest in the suit property. Learned Civil Judge (Jr.Divn.), Batala vide judgment and decree dated 14.03.2006 dismissed the suit of the plaintiff. First appeal preferred by the plaintiff has been dismissed by learned Additional District Judge (Adhoc), Fast Track Court, Gurdaspur vide judgment and decree dated 06.03.2009. Feeling aggrieved, the plaintiff has preferred the instant second appeal. Both the courts below after appreciation of evidence have come to concurrent finding that relationship of landlord and tenant between the parties is not established. In the Power of Attorney executed by plaintiff in favour of Balbir Singh through whom the suit was filed, it was mentioned that plaintiff is owner of open land and Balbir Singh was authorized to take possession thereof from the encroachers. Thus, even according to the Power of Attorney executed by the plaintiff, there was no relationship of landlord and tenant between the parties. In fact, Balbir Singh attorney Regular Second Appeal No.300 of 2010 (O&M) 3 holder was not even authorized to file the instant suit on behalf of the plaintiff for ejectment of defendant on the ground of relationship of landlord and tenant between the parties. The power of attorney executed by plaintiff authorised Balbir Singh to obtain possession from encroachers and not from tenant. Oral evidence of the plaintiff has been found to be insufficient to establish the relationship of landlord and tenant between the parties. No documentary evidence has been led by the plaintiff to establish the said relationship. Oral evidence of the plaintiff has been rebutted by oral evidence of the defendant. Concurrent findings recorded by both courts against the plaintiff is passed on appropriate appreciation of evidence. The said finding is not shown to be illegal or perverse or unreasonable in any manner. No meaningful argument could be advanced by learned counsel for the appellant against the said finding. No question of law much less substantial question of law arises for determination in the instant second appeal. For the reasons aforesaid, the appeal is found to be without any merit and is accordingly dismissed in limine. 30th March, 2010 (L.N.Mittal) Seema-II Judge