ACHHELAL JAISWAL Vs. RANIBAI DIXIT

JUDGEMENT

(1.) This is defendants first appeal arising out of judgment and decree passed by the learned Fourth Additional District Judge, Raipur (C.G.) passed in Civil Suit No. 39-A/11 filed by the plaintiffs has been decreed and it has been directed to the defendants to vacate the suit land and handover the vacant possession immediately. The trial Court has further directed for payment of Rs.35,000.00 towards rent and Rs.5000.00 per month as penalty till vacating the suit land. The amount which has been deposited by the defendant No. 1 before the trial Court shall be adjusted at the time of final judgment and decree granted by it.

(2.) For convenience plaintiffs and defendants are termed as it exists before the trial Court.

(3.) The plaintiffs have filed civil suit contending that plaintiffs are joint owner of area 0.23 Ha out of the suit land bearing Patwari Halka No. 106 Revenue Circle, Raipur Tahsil and District Raipur Khasra No. 229/1 admeasuring 1.291 Ha. and Khasra No. 472 admeasuring 0.182 Ha. Total 1.473 Ha. Defendant No. 1 has taken one part of area measuring 12809 Sq.ft. which is mentioned in map attached with the plaint, which is subsequently being addressed as rented land. Defendant No. 1 used said land for storing his materials as such he has taken the jointly owned property of the plaintiffs on rent. The rented land is having monthly tenancy which is payable from first day of the english month to the last day of that month. At present rent of the rented land is Rs.5000.00 per month. The defendant No. 1 has paid rent up to year 2004 to the power of attorney holder Umesh Kumar Dixit and later has not paid the rent. As such rent from January, 2005 is payalable to the plaintiffs. The plaintiffs therefore sent notice through their advocate to defendant No. 1 through registered post acknowledge due on 2/5/2005 demanding rent from January, 2005 to April, 2005 to the tune of Rs.20,000.00. Though the notice has been received by the defendant but he has not paid the rent. The plaintiff No. 1 has submitted that on the rented land they want to construct house and also preparing map for construction of the house and sufficient fund also available with them.