RAJKUMAR KHUBWANI Vs. SMT. RAM PYARI BAI

JUDGEMENT

(1.) THE appellant Rajkumar Khubwani is the defendant in the trial Court in the suit preferred by the respondent/plaintiff Smt. Ram Pyari Bai for the appellant's eviction from the suit premises, vacant possession thereof and damages.

(2.) THE trial Court dismissed the suit, however, on appeal by the plaintiff/ respondent, the learned first appellate Court has allowed the first appeal and has decreed the suit directing the appellant/defendant to hand over vacant possession of the suit premises to the plaintiff within 2 months and pay damages to the tune of Rs. 450/ - per month form the date of filing of the suit, i.e. 6 -2 -2003 till the date vacant possession is delivered to the plaintiff. Feeling aggrieved by the said judgment and decree of the first appellate Court the present second appeal under Section 100 of the Code of Civil Procedure has been preferred by the defendant/appellant before this Court.

(3.) THE case of the plaintiff/respondent, as reflected in the plaint, is that the plaintiff is the owner of a house situated at Village Silyari, District Raipur, the front portion of which has been let out to the defendant. The let out portion has been shown with red ink in the map attached with the plaint which is the suit premises. According to the plaintiff, the tenancy was on a monthly rent of Rs. 450/ - and that the defendant had encroached some other portion of the property which was not let out to him however, in spite of notice dated 30 -12 -2002, the defendant did not vacate the premises, as a result, his tenancy has been terminated with effect from 1 -2 -2003, however, upon failure of the tenant to hand over vacant possession, the suit has been preferred along with claim of damages at the rate of Rs. 100/ - per day.