CHHITIJ KISHORE SHARMA Vs. MAHESH CHANDRA PANT

JUDGEMENT

(1.) This is a defendant's Second Appeal, arising out of the judgement dtd. 13/11/2009, as rendered by the learned trial Court in Suit No. 63 of 2006, Shri Mahesh Chandra Pant v. Shri Chhitij Kishore Sharma, whereby the Suit of the plaintiff-respondent for recovery of the rent due to be paid to him by the defendant-appellant to the tune of Rs.59,500.00 (Rupees Fifty Nine Thousand Five Hundred Only) was decreed. Subsequent thereto, the defendant-appellant being aggrieved against the judgement invoked Sec. 96 of the Code of Civil Procedure and has preferred the First Appeal before the District Judge/Special Judge (EC Act), Nainital, being Civil Appeal No. 38 of 2009, Chhitij Kishore Sharma v. Mahesh Chandra Pant. The said appeal was dismissed by the judgement dtd. 20/9/2013 thereby had affirmed the decree of the trial Court.

(2.) Being aggrieved against the two judgements concurrently rendered by the learned Courts below, holding the defendant liable to pay the defaulted amount of rent of Rs.59,500.00, the defendant/appellant has preferred the present Second Appeal, the same has been instituted by the appellant on 19/12/2013. The Appeal came up for consideration before the coordinate Bench of this Court for admission and the coordinate Bench of this Court, after considering the argument extended by the learned counsel for the appellant had admitted the Appeal by the order dtd. 11/8/2014, framing the following substantial question of law to be involved and answered at the final stage of hearing of the Second Appeal:

(3.) The plaintiff had instituted the Suit on 14/12/2006, praying for the decree for recovery of the rent due to be paid along with interest @ 12 percent per annum. The grounds narrated in the Suit in question was to the effect that he happens to be an exclusive owner of the property in question i.e. the disputed tenement, which was never denied by defendant/appellant, after the same being declared as freehold in his favour. On 19/9/2002, pursuant to the declaration in favour of the plaintiff, the sale deed has been executed in favour of the defendant/appellant of part of the building called as "Prem Niwas, Bara Pathar, Ayarpata, Mallital, Nainital".