AMIT KUMAR Vs. NIHAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) On perusal of the Office Report dtd. 22/4/2025, it is noted that respondent Nos.1 and 3 were served on 3/5/2024 and respondent No.2 was again served on 13/9/2024. However, there is no appearance on behalf of the said respondents. Hence, they are placed ex parte.

(3.) Briefly stated, the facts of the case are that the appellant, along with respondent No. 3, had purchased the suit schedule property situated at Khasra No. 13/2 in Village of Nagla Bhambhu Jaat, Tehsil Sasni, District Hathras, from Smt. Satyawati Devi under a registered sale deed dtd. 12/8/1997. The respondent No. 1 was a tenant on the property and it was rented to him to run a service station. Therefore, he possessed a room, a shed, a water tank, etc. on the rented property which respondent No. 1 was Rs.500.00 (Rupees Five Hundred only). But since March 2021, the respondent No. 1 had stopped paying the monthly rent. In June 2021, the appellant got to know that the respondent No. 1 had sub-let the property to respondent No. 2 and therefore he was making an unlawful gain from the property and depriving the appellant of the monthly rents.