SHARAD TIWARI Vs. KRISHNA KUMAR VERMA

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 26-8- 2004 passed by the 4th Additional District Judge, Bilaspur (CG) in Civil Suit No. 11-B of 2004 wherein the said court dismissed the suit filed by the appellant for compensation of Rs.60,000/- against respondents/defendants.

(2.) The appellant/plaintiff had obtained one room on lease for Rs.500/- per month from respondent No.1. The appellant carried on the business of STD and PCO in the suit accommodation. The tenancy commences from first of each month and terminates on the last date of the month. The appellant had kept monitor, Fax machine, conference machine, phone, Battery 12 volt, sealing fan and exhaust fan,table, revolving chair, wooden partition, glass cabin, hoarding and stand board valued to Rs. 60,000/-.

(3.) The appellant used to open his shop at 6.00 am till 12.00 mid night. Two locks were affixed on the gate of the suit accommodation. One servant was also engaged by the appellant for the said premise. The appellant closed his shop and locked the accommodation on 19-8-2000 and on the next day morning, when he came to the shop, he found that the shutter was open and locks were broken. All the articles kept in the shop were missing. The matter was reported to Police Station Civil Lines. The appellant made enquiries from the neighbours and came to know that the respondents made forcible entry into the suit accommodation and took away articles which were kept in the suit accommodation. The appellant requested the respondents to return his articles, but the respondents refused to return the same, therefore, he filed the suit which was dismissed.