ISHWARI DATT JOSHI Vs. BHUWAN CHANDRA MUNGALI

JUDGEMENT

(1.) THIS is appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 17.11.1981 passed by 1st Additional District Judge, Nainital, in Civil Appeal No. 145 of 1980, whereby judgment and decree passed by trial court in civil suit No. 76 of 1979, has been upheld.

(2.) BRIEF facts of the case are that plaintiff-appellant is a tenant in a shop situated in Mohalla Bhawani Ganj, Haldwani. The defendant-respondent No. 1 is the owner-landlord of the building. Defendant-respondent No. 2 is Nagar Palika, Haldwani. The plaintiff instituted civil suit No. 76 of 1979 seeking relief of injunction against the defendants restraining them from demolishing the shop in question. It is pleaded in the plaint that the shop is in good and durable condition. It is further pleaded that before institution of the above suit, defendant No. 1 pressurized the plaintiff to vacate the shop and instituted a Small Cause Suit No. 17 of 1974 for his eviction. However, the said S.C.C. suit was dismissed and the revision filed by the defendant No. 1 in said round of litigation, was also dismissed on 28.05.1977. Thereafter it is pleaded that the defendant No. 1 in collusion with defendant No. 2 got issued a notice dated 21.04.1979 under Section 263 of U.P. Municipalities Act, 1916, to demolish the building in question alleging that the same is in a dangerous condition. Lastly, pleading that plaintiff cannot be ousted from the shop wherein he is selling betel (PAAN), an injunction has been sought against the defendants.

(3.) THE trial court, after framing issues, recording the evidence and hearing the parties, dismissed the suit holding that the building in question is in a dilapidated condition. Aggrieved by the judgment and decree of the trial court, plaintiff preferred civil appeal No. 145 of 1980 which was also dismissed. Hence, this appeal.