MANOHAR LAL SHARMA Vs. SAKTOO RAM

JUDGEMENT

(1.) THIS Second Appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 5-3-1979, passed in Civil Appeal No. 20 of 1977, by the then learned Civil Judge, Roorkee, whereby said o appeal was dismissed and judgment and decree dated 22-8-1977, passed by Munsif, Haridwar, in Original Suit No. 271 of 1974, is affirmed.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) DEFENDANT (appellant) contested the suit before the trial court and filed the written statement in which it is alleged by him that in the plot in suit there exists a room which was also in the tenancy of the defendant. It is also alleged by him that a weighbridge is also situated over the land in suit. As such, the provisions of the U.P. Act No. 13 of 1972, are applicable to it. Regarding the notice given by the plaintiff, it is alleged in the written statement that the sarne is illegal and tenancy does not stand terminated. However, it is further pleaded in the written statement that a room was constructed by the defendant with the consent of the landlord, which was a permanent structure, as such, the defendant is entitled to benefit of Section 29-A of the U.P. Act No. 13 of 1972 and he cannot be evicted from the property in suit.