SHEKHAR CHAND JOSHI Vs. SRI MAHENDRA SINGH

JUDGEMENT

(1.) Heard Shri Sudhir Kumar and Shri Sarvesh Agarwal, counsel for the appellant.

(2.) By the present second appeal filed under Sec. 100 of Code of Civil Procedure, the Appellant has prayed for setting aside the judgment and decree dated 15.4.2006 passed by the District Judge, Nainital in civil appeal No. 18 of 2004 and the judgment and decree dated 23.8.2004 passed by the Civil Judge (Junior Division), Nainital in civil suit No. 03 of 2000 whereby the suit of the Plaintiff has been partly decreed.

(3.) Briefly stated, a suit was filed by the Plaintiff Shekhar Chandra Joshi for permanent injunction restraining the Defendants from interfering with the possession of the Plaintiff and also restraining them from evicting him otherwise than in due course of law. According to the case of the Plaintiff, he is a tenant of premises situate at Hanumangarh, Talli Tal, Nainital on a sum of Rs. 300/ - per month of which Shri Ashok Chaterji R/o 2/1/2, Civil Lines, Faizabad is the landlord. Earlier to Shri Ashok Chaterji, the Plaintiff was the tenant of late Shri Prakash Chandra Chaterji and after the death of late Shri Prakash Chandra Chaterji, he is the tenant of his sole heir Ashok Kumar Chaterji. On arriving certain disputes between late Prakash Chandra Chaterji and the Plaintiff with regard to rent, late Prakash Chandra Chaterji filed a suit being no. 171 of 1988 which was dismissed on 20.08.1990. The appeal being No. 31 of 1990 was preferred against the judgment and decree of the trial court and after the death of late Shri Prakash Chandra Chaterji, Shri Ashok Kumar Chaterji was substituted as sole heir for doing pairwi of the appeal. The appeal was decided by virtue of compromise taken place between Ashok Kumar Chaterji and the Plaintiff on 12.12.1992.