LAVKESH CHANDRA Vs. ASHA RAM

JUDGEMENT

(1.) Heard learned Counsel for the appellant at the admission stage. This is defendant's second appeal arising out of Original suit No. 532 of 2003. Suit was decreed on 26.5.2008 by Additional Civil Judge (Junior Division), Court No. 3, Ghaziabad and defendant appellant was directed to remove his wooden khoka from the plaintiff's land admeasuring 9 feet x 9 feet. Decree for payment of Rs. 1,500/- as unpaid rent was also passed. Against the said judgment and decree defendant-appellant filed Civil appeal No. 71 of 2008 which was dismissed on 19.8.2009 by Additional District Judge, Court No. 4, Ghaziabad hence this second appeal. The case of the plaintiff was that over the land ad measuring 9 feet x 9 feet belonging to the plaintiff, defendant was permitted to place his khoka (wooden shop) for which he was required to pay Rs. 100/- per month.

(2.) The case of the defendant appellant was that khoka belonged to the plaintiff landlord and it was given on rent. Both the Courts below found in favour of the landlord that landlord gave only open land and permitted the defendant to put his khoka thereupon.

(3.) The only argument raised by learned Counsel for the defendant-appellant is that khoka belonged to the landlord and it was a building as defined under U.P. Urban Building Regulation of Letting Rent and Eviction Act, 1972 hence appellant could not be evicted as no ground under section 20(2) of the Act had been made out. Even if the argument of learned Counsel for the appellant that khoka belonged to the landlord and it was given on rent is accepted it will not make any difference as khoka is a movable wooden shop which may be kept any where. Accordingly, it cannot be termed as building under the Act hence the Act does not apply to khokas. Accordingly there is no merit in the Second Appeal hence it is dismissed under Order XLI, Rule 11, C.P.C.