SWALIN KHAN Vs. SHAMBHOO DAYAL SHARMA

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) The plaintiff-respondent filed Suit No. 30 of 1988, Shambhoo Dayal Sharma v. Mohd. Khan claiming himself to be owner and in possession of a plot measuring 45 feet East-West and 29 feet North towards West and 33 feet North South and out of the said plot, defendant-plaintiff was tenant of a portion measuring 16 ft. East-West and 30 ft. North-South at the rate of Rs. 40 per month which he took for the business of bans-balli. There is a 9 ft. wide passage shown in the plan towards the west of the said portion which is also said to be part of the plaintiff's plot mentioned in the plaint.

(3.) It is submitted that the defendant without permission or consent of the plaintiff had raised a "tapra" on the said plot. Subsequently, the plaintiff had filed Suit No. 515 of 1985. Shambhoo Dayal v. Mohd. Khan, in the Court of Munsif, Jhansi for ejectment from the said plot after terminating his tenancy under Section 106 of Transfer of Property Act.