GHANSHYAM SINGH Vs. NARENDRA SINGH

JUDGEMENT

(1.) This is a defendants' Second Appeal, wherein they have put a challenge to the judgement dtd. 11/4/2022 and the consequential decree rendered thereto i.e. dtd. 18/4/2022, passed by the Court of 3rd Additional District Judge, Rudrapur, District Udham Singh Nagar in Civil Appeal No. 40 of 2018, Ghanshyam Singh and other Vs. Narendra Singh, as well as the judgement and decree dtd. 2/5/2018 passed by the learned Court of Civil Judge (Junior Division), Rudrapur District Udham Singh Nagar in Civil Suit No. 85 of 2007, Sri Narendra Singh Vs. Ghanshyam Singh and others.

(2.) A very peculiar situation, which has chanced to be considered in the present Second Appeal is, that the plaintiff (respondent herein), when on 24/5/2007, had instituted the Suit, in relation to the property, which has been described in para 1, 2 and 3 of the plaint, had sought a decree as against the defendants, by modulating the relief therein in the following manner:- <IMG>JUDGEMENT_115_LAWS(UTN)7_2022_1.JPG</IMG>

(3.) The nature of decree which was prayed for in the suit in fact it would amount to be a decree for the grant of a decree of permanent injunction, praying for not to change the nature of the property in question and to hand over the vacant possession of the property in question. Apart from that, the nature of injunction, which was sought for directing the defendants to pay the lease rent @ Rs.3050.00 per month as would be payable to the plaintiff, as a consequence of the expiry of the terms of the lease.