PRAMOD KUMAR DEWDA Vs. ASHOK KUMAR MODI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 24-12-2013 passed in Civil Suit No.2A/2013 by the Additional District Judge (FTC) Korba by decreeing the suit in favour of Respondent No.1 and granting relief as prayed for.

(2.) It is admitted that Respondent No.1 is landlord of the tenanted premises and the Appellant is his tenant.

(3.) Respondent No.1/plaintiff has pleaded in his plaint, that by agreement in the year 1968 possession of tenanted premises was given to the father of the appellant for a rent of Rs. 91/- per month. Father of the Appellant without permission of Respondent No.1 has raised some construction on the backside of the tenanted premises, because of which, the dispute arose which was compromised on 01-11-1977 and the rent was resettled at Rs. 175/- per month. Later on, father of the Appellant again added some construction, on objection made by Respondent No.1, again rent were settled at Rs. 600/- per month in August 1990. But, thereafter, a haller mill has been established by the Appellant in the said tenanted house. It is pleaded that the applicant is neither paying rent nor has any intention to vacate the tenanted premises from August 1990 till the date of filing of civil suit in May, 2007. A total arrears of rent Rs. 1,02,200/- against the Appellant after including the damages, a total Rs. 1,51,200/- is to be realized from the Appellant.