MOHAMMAD SUBERATI Vs. TILLUMAL

JUDGEMENT

(1.) The appellant/defendant No.3 has filed the first appeal under Sec. 96 of the Code of Civil Procedure against the judgment and decree dtd. 7/3/2022 passed by the 7th Additional District Judge, Durg, District Durg in Civil Suit No. 3A/2018 by which the learned trial court has allowed the suit filed by the respondent No.1/plaintiff for getting vacant possession of plot No.13 situated at Indira Market, Durg after removing the shop debris.

(2.) The parties have been described as per their status in the suit.

(3.) The brief facts, in nutshell, are that the defendant No.1 Municipal Corporation, Durg owns and possesses properties at Indira Market, Durg. Defendant No.1 Municipal Corporation Durg has given shop No.2 to plaintiff on lease in the year 1973 to run his business in which plaintiff is running a business in the name of Usha General Stores. On 13/1/1987 defendant No.1 held a general council meeting wherein Municipal Corporation has taken a decision to allot open space behind shop to the shop owners. 14 shop owners have submitted joint application before the defendant No.1 for allotment of the open space behind their shop. As per general council meeting held on 13/1/1987, the said application was allowed with a condition that for ground floor premium payment of Rs.1,00,000.00, premium for first floor payment of Rs.35,000.00 and apart from these premium payments, these people have to pay Rs.250.00and 150/- per month as rent for ground and first floor respectively. It has been further averred that in the year 1989 defendant No.1 allotted the shop No.13 situated at Indira Market, Durg to plaintiff and in pursuance thereof plaintiff has paid Rs.25,000.00 on 15/11/1989 to defendant No.1 and obtained receipt thereof also.