ABDUL SALIM Vs. ALLAH TALA MALIK WAQF ALAI

JUDGEMENT

(1.) This is the defendants appeal against the decree and judgment dated 10th July, 1970 passed by the Additional Civil (& S. C. C.) Judge, modifying the. decree and judgment of the trial court.

(2.) The suit was filed by the plaintiff-respondent for the relief for the possession over the house in suit after eviction of the defendant therefrom and for recovery of Rs. 60.00 as rent and damages and for cost of the suit. The suit was filed on the allegation that the defendant appellant took the house in suit on : monthly rent @ Rs. 15/- per month for residential purpose. It was alleged that the defendant had taken over the possession for no other purpose than the residential, but without the permission and consent of the plaintiff, he started his karkhan business by digging some bhatti in the house in suit and started using the same for a purpose, inconsistent with the one for which it was let out. It was further alleged that the defendant caused substantial damages and made himself liable for ejectment. The plaintiff claimed a sum of Rs. 22.53 p. being the amount of rent with effect from 1-11-1967 to 15-12-1967 and Rupees 37.50 as damages for use and occupation from 16-12-1967 till the filing of the suit.

(3.) The defendant contested the suit and alleged that the rent note relied upon by the plaintiff appellant was, in fact, a lease deed and as it was not registered according to law, the same was inadmissible in evidence. The claim of the plaintiff regarding arrears of rent was also denied. It was further alleged that the notice relied upon by the plaintiff appellant was also illegal and invalid The defendant claimed that he had not caused any damage to the premises and also that the house was used for residential purpose and for melting, moulding of utensils from the very beginning. He also claimed that he did not use the house for inconsistent purposes. The bar of Sec. 3 of the Act 3 of 1947 was also pleaded in this case.