SANTOSH KUMAR Vs. CHAMELI DEVI

JUDGEMENT

(1.) THIS is a defendant's appeal directed against the judgment and decree dated 9-2-1974 by Sri R. P. Pandey, learned Additional Civil Judge, Ghaziabad who allowed Civil Appeal No. 195 of 1973 arising out of suit No. 688 of 1970; plaintiff's claim was decreed with costs throughout. The judgment of learned Munsif dismissing the suit was reversed.

(2.) DISPUTE relates to a shop, staircase and Balakhana situate in Khekra town, Pargana-Baghpat. Relief sought was for recovery of possession and mesne profits to the extent of Rs. 320/- for the period from 25-9-1969 to 28-5-1970. Along with costs of the suit, future and pendente lite mesne profits were also claimed at the rate of Rs. 40/- per month.

(3.) NEM Chand needed money, so he borrowed a sum of Rs. 3300/- from defendant. NEM Chand executed a sale deed on 7-12-1959 in favour of defendant as a security for that loan. The tenancy of defendant over the shop continued; Balakhana also passed in his tenancy from 7-12-1959 and the total rent payable for the entire accommodation was increased to Rs. 396/ -. It was further agreed that rent of disputed accommodation shall be adjusted towards the interest of the loan advanced by defendant to NEM Chand.