HARIDAS R. Vs. B. KAMAL KISHOR

JUDGEMENT

(1.) This appeal is filed challenging the order dated 22.04.2015 dismissing the petition filed by the appellant under Order IX Rule 13 CPC for setting aside the ex -parte judgment and decree dated 16.08.2014 passed in O.S. No. 7287/2013.

(2.) Appellant herein was the defendant in the suit filed by the respondent for ejectment of the defendant from the suit schedule premises and for a direction to pay damages. It was contended by the plaintiff that defendant had entered into lease agreement with the plaintiff for a sum of Rs. 1,75,000/ - and had come in possession of the property and after expiration of the lease period, he did not hand over the suit property, therefore plaintiff got issued legal notice terminating the tenancy, but despite service of notice, defendant did not vacate, and therefore, he was constrained to seek ejectment of the tenant along with prayer for payment of monthly damages in a sum of Rs. 7,500/ -.

(3.) Defendant -appellant herein appeared through his Counsel. He did not file written statement. Plaintiff examined himself as PW -1 and produced and marked Exs. P1 to P. 16. Defendant did not cross -examine the plaintiff nor did he lead any evidence. That is how the Trial Court proceeded to dispose of the suit holding that plaintiff had established that he was the landlord of the suit schedule premises and the defendant was the tenant. It found that the tenancy was duly terminated and therefore, plaintiff was entitled for a decree of ejectment. The Trial Court also held that plaintiff was entitled for the relief of damages of Rs. 7,500/ - per month from the date of termination of the lease.