AMIT KUMAR GUPTA Vs. SHAH NAWAJ NAQVI

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan, learned Senior Advocate assisted by Mohd. Aslam Khan for appellant and Sri Prashant Chandra, learned Senior Advocate assisted by Sri Faisal Ahmad Khan for the respondents. This appeal has been filed under section 96 of Civil Procedure Code against the judgment and order dated 12.10.2011 passed by Sri Liyaqat Ali, Additional District Judge, Court No. 1, District Lakhimpur Kheri. For proper adjudication of the case it is necessary that the facts of the case may be briefly narrated. Briefly stated the facts of the case are that S.C.C. suit No. 1 of 2003 was filed by plaintiff Shahnawaz Naqvi as a next fried of Usman Naqvi, who was his son and died during the pendency of the suit, against the defendant Manoj Kumar Shukla-respondent No. 3 to this appeal, for eviction, realization of arrears of rent and damages, claiming himself to be owner and land lord of shop No. 8 situated in Purani Gallamandi, Lakhimpur, in which defendant Manoj Kumar Shukla, was a tenant since 1996.

(2.) The defendant Manoj Kumar Shukla has taken the shop on rent for one year but after one year he did not vacate the shop and also defaulted for payment of rent. The suit was contested by the defendant by several grounds accepting the tenancy and claiming that that no arrears of rent is due against the defendant.

(3.) The Trial Court held that from the entire evidence and pleadings of the parties, it is fully proved that the defendant has been the tenant in disputed shop and plaintiff Usman Naqvi was the owner and landlord thereof, which fact has also been admitted by both the parties, and also that the disputed shop is not covered under the provisions of Act No. 13 of 1972. The suit of the plaintiff was decreed and the defendant Manoj Kumar Shukla-respondent No. 3 to this appeal was directed to vacate the disputed shop and hand over its possession to the plaintiff within thirty days. The defendant was also directed to pay arrears of rent and damages for use and occupation till vacation of the shop.