SURYA KANT THAKUR Vs. RAMCHANDRA CHETTY

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 13-10- 2009 passed by 2nd Additional District Judge (FTC), Korba (CG) in Civil Suit No. 5-A/2007 wherein the said court decreed the suit filed by the respondent/plaintiff for eviction of the appellant/tenant from shop No.1 area 15 x 12 sq.ft and open land in the back side of the shop area 2800 sq.ft., situated at Kosabadi near Niharika Talkies, Korba and for recovery of arrears of rent.

(2.) Respondent/Plaintiff filed a suit for eviction and arrears of rent against the appellant for shop and open place as mentioned above which was given on rent @ Rs.6200.00 per month. Rent note was executed on 1/11/2001. It was a tenancy for three years which is started from 1/11/2001 to 31/10/2004. The suit was filed on the ground that the respondent requires the shop as he wishes to open the shop for his son. It was further case of the respondent that the appellant re-constructed over backside of the shop for which notices have been issued by the Municipal Corporation, Korba. The other ground for eviction was that the appellant has not paid arrears of rent. As per the appellant he has deposited the rent @ Rs.1200.00 per month and deposited Rs.1,20,000.00 as security amount. Later on, he gave Rs.2,00,000.00 for reconstruction of shop to the respondent and it was oral agreement between the parties that Rs.2,00,000.00 shall be adjusted in rent amount. As per the appellant, the trial Court passed the decree against the fact and legal aspect of the matter.

(3.) Learned counsel for the appellant submits as under.