KAMLA DEVI Vs. AJIT KRISHNA CHAUBE

JUDGEMENT

(1.) <DJG>B.S.Verma, J.</DJG> This second appeal has been filed against the judgment and decree dated 25-5-2010 passed by the District Judge, Champawat, in Civil Appeal No. 2 of 2008,Ajit Krishna Chaube Vs. Smt. Kamla Devi and others, whereby the appeal filed by the plaintiff-respondent was allowed and the suit of the plaintiff was decreed against the defendants-appellant and respondent no.2.

(2.) The second appeal has been filed on the ground that the first appellant court without considering the material evidence led by the parties set aside the judgment of the trial court and thus committed a manifest error of law and also failed to consider the difference between the lease and licence.

(3.) According to the appellant, she is a tenant in the premises in question and not a licensee and she is regularly depositing the rent under Section 30 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 in the Court of Civil Judge (Junior Division). It may be noted that this rent is being deposited by the appellant at her own risk in Rent Control Case No. 7 of 2005, Smt. Kamla Devi Vs. Sri Ajit Kumar Chaube, as has been mentioned in the interim order passed in the Civil Suit No. 15 of 2005 pending between the parties.