MUNEER AHMAD ALIA MARRU Vs. SMT. ZAREENA BEGUM

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned counsel for the respondents.

(2.) This second appeal arises from the judgment and decree dated 31.10.2002 passed in Regular Suit No. 41 of 1998 and judgment and decree dated 1.8.2003 passed in the R.C.A. No. 251 of 2002.

(3.) THE plaintiff -respondent filed a Suit for ejectment and recovery of arrears of rent in respect of the land which was let out to the appellant defendant . It was stated that the defendant was tenant @ Rs. 100/ - per month of the said land. The boundaries were also given in regard to the disputed land. It was further averred that the plaintiff demanded rent several times from the defendant but the defendant did not pay the rent from the month of May 1995 and, therefore, plaintiff decided not to keep the defendant as her tenant. It was also stated that certain constructions have been raised by the defendant during the course of tenancy by putting wooden Dhannies on the corner of the boundary wall. A registered notice for ejectment was given terminating the tenancy of the defendant on 26.11.1997. The said notice was served upon the defendant on 29.11.1997 but even then neither any rent was paid nor premises were vacated. The written statement was filed by the defendant and in para 1 of the said written statement it was stated by the defendant that construction was not of permanent nature and was of temporary in nature which was raised by him and rent was sent to the plaintiff through money order dated 7.12.1997 but the same was not accepted to be taken. The defendant was carrying work of carpentry on the land in question and he has raised certain boundary wall with security point of view. On the aforesaid allegations parties adduced their evidence and the trial court after hearing the parties counsel and after appreciating the evidence on record came to the conclusion that some structure of temporary nature was existing on the land in question and, therefore, it can be termed as building or permanent structure and decreed the Suit. Aggrieved with the said order an appeal was filed which was also dismissed, hence this second appeal before this Court.