RAM PRAKASH AGRAWAL Vs. RISHI KUMAR

JUDGEMENT

(1.) This second appeal has been preferred on behalf of the Defendant deceased Ram Prakash Agrawal though his heirs and legal representatives after having lost in both the courts below.

(2.) The Plaintiff Rishi Kumar instituted Original Suit No. 34 of 1985 for possession of the disputed plot of land situate in Etah, arrears of rent, damages and prohibitory injunction restraining the Defendant from encroaching his adjoining land by dumping coal on it. The suit was filed on the allegation that the Defendant is a tenant of the plot @ of Rs. 105 per month but he has started encroaching upon his adjoining land also by dumping coal. Accordingly, his tenancy was determined vide registered notice dated 23.8.1984. On his failure to vacate the land within the time provided in the notice, the cause of action for filing the suit had arisen.

(3.) The suit was contested by the Defendant by filing his written statement and an additional written statement wherein the main defence was that the suit relates to to an 'accommodation' and is barred by U.P. Act No. 13 of 1972. Apart from other pleas, it was also contended that there is no encroachment on any other land of the Plaintiffs. The notice is invalid.