RATAN LAL Vs. RAM SARAN

JUDGEMENT

(1.) Heard learned counsel for the appellant at the admission stage.

(2.) THIS is defendant's second appeal arising out of O.S. No.803 of 1999. The suit was dismissed on 06.04.2009 by Additional Civil Judge Senior Division/J.S.C.C. Moradabad. Against the said judgment and decree plaintiff respondent filed Civil Appeal No.41 of 2009, which was allowed by A.D.J. Court No.11 Moradabad through judgment and decree dated 30.08.2011, hence this second appeal.

(3.) THE shop in dispute admittedly belongs to Nagar Nigam, Moradabad. The shop was given on lease to the plaintiff respondent Ram Saran by the Nagar Nigam Moradabad for 15 years in 1989. The case of the plaintiff was that defendant appellant was his servant however he started claiming his own right hence plaintiff treated him as licencee and through notice dated 07.05.1999 sent through registered post terminated the licence.