SITAPUR EYE HOSPITAL TRUST NAINITAL THROUGH ITS SECRETARY SRI M.K. MEHRA Vs. SRI OM PRAKASH S/O SRI HAKIM RAI

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of the of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 06.12.1988, passed by first appellate court (I Addl. District Judge, Nainital), in civil appeal No. 75 of 1987, whereby the judgment and decree dated 23.11.1987, passed by the trial court (Civil Judge (Sr. Division), Nainital), in Suit No. 109 of 1983, is affirmed. The trial court had dismissed the suit of the plaintiff for ejectment of the defendant and recovery of damages and mesne profits. The first appellate court has affirmed said decree.

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) THE suit was contested by the defendant who filed his written statement. It is pleaded by the defendant that Surjeet Singh Oberoi was tenant of the plaintiff on rent at the rate of Rs. 1,500/ - per annum. However, the defendant admitted that Surjeet Singh Oberoi left the premises in the year 1979. The defendant further pleaded that Dr. Harbans Singh was fully authorized to let out the land. It is further pleaded by the defendant Om Prakash that he entered into partnership in business with Surjeet Singh Oberoi, who later transferred all his shares to the defendant. As such, the defendant started paying the rent and became the tenant of the plaintiff. It is further pleaded that the suit is barred by principle of estoppel and acquiesce . It is also pleaded that the suit is under valued and court fee paid is insufficient.