CHATURBHAI MOTIRAM PATEL Vs. SAHIL SHATISHBHAI ROY

JUDGEMENT

(1.) The appellant is the original plaintiff in Regular Civil Suit no. 176 of 2012, who had filed the suit for eviction, which came to be allowed on 11/1/2018 by the learned Additional Civil Judge, Patan. Aggrieved by the judgment and decree, the defendant of the suit had preferred Regular Civil Appeal no. 8 of 2018, since the appeal was allowed on 29/11/2019, aggrieved and dissatisfied by the judgment of the First Appellate Court, the original plaintiff is before this Court in the Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (in short 'CPC') as an appellant.

(2.) The present appellant - plaintiff had urged before the learned Trial Court that he has purchased a shop no. 4/G in City Point Commercial Complex, Patan vide registered Sale Deed dtd. 7/1/2010. Thereafter on 14/6/2011, he entered into a rent agreement and let the premises on monthly rent of Rs.5,500.00 for a period of 11 months and 29 days. After the determination of the said period, the plaintiff as owner of the property did not opt to renew the lease agreement and sought vacant, peaceful possession of the shop, contending that he was in genuine need. The plaintiff had further before the learned Trial Court pleaded about breach of condition mentioned in the agreement, alleging that the defendant had been using the subject premises for illegal purpose, and an FIR being II-CR no.143/12 dtd. 12/5/2012 was registered with "B" Division Police Station, Patan City for the offence punishable under the Copyright Act, 1957. The plaintiff pleaded that on failure of the defendant to vacate the suit premises, the plaintiff had sent a notice for eviction dtd. 20/7/2012. The defendant did not chose to vacate the shop and gave a vague reply to the notice.

(3.) The plaintiff on 12/10/2012 filed a suit for eviction being Regular Civil Suit no.176 of 2012. The suit was partly allowed and the defendant was ordered to hand over the possession of the subject suit premises.