SIKANDER ALI Vs. ZOHRA HUSSAIN

JUDGEMENT

(1.) THIS is an application in the instant pending First Appeal under the Order XXXIX Rule 2 -A of CPC., filed by the plaintiff appellant.

(2.) THE plaintiff appellant filed a Regular Suit No.43/1993 against the defendant respondents for possession, recovery and damages. According to plaintiff appellant, the appellant has been the tenant of the disputed land marked as A B C D E in the site plan filed with the plaint. The area of the disputed land comes to 877.30 metres (9395 sq. ft.). The appellant a mechanic, possesses a motor repairing garage in the suit property. The original owner of the property in question undisputedly, was defendant respondent Begum Syeeda Wazahat Hussain, widow of late Wazahat Hussain. It was earlier marked as Bungalow No.10, Neil Road, Lucknow re -numbered as 128/22/4 -Ka, China Bazar Gate, Hazratganj Ward, Lucknow and known as Neil Wali Kothi. According to appellant plaintiff, he acquired tenancy right from erstwhile owner Chaudharain Suraiya Khatoon and Smt. Rasheeda Khatoon. Begum Syeeda Wazahat Hussain purchased property in the year 1961 from the erstwhile owner. It was on 17.11.1961, the appellant plaintiff was informed that he should pay rent of the premises from August, 1961 to Begum Syeeda Wazahat Hussain whom according to plaintiff, he paid rent at the rate of Rs.100/ - upto December, 1982. However, after December, 1982, Begum Wazahat Hussain declined to accept rent hence plaintiff sent rent by money order and later on, filed Suit under Section 30 of U.P. Rent Control Act, 1972 (U.P. Act No.13 of 1972) in the Court of Munsif South, Lucknow and deposited the rent in Case No.198/1983. According to plaintiff, he continuously deposited rent in the Court. Begum Wazahat Hussain died on 1.11.1983, leaving her legal heirs impleaded in the suit. It is stated that plaintiff's motor workshop was registered as M/s. Prem Motor Works with electricity and water connection. The firm came into existence on 1.4.1955. Being a registered garage/workshop, it was inspected by Transport Department from time to time. There is also telephone connection in the name of plaintiff. The plaintiff uses to repair the vehicles of Allahabad High Court, Lucknow Bench Lucknow, 35 PAC Battalion, Industry Department and other different Government departments. The defendant respondent No.2 tried to evict the appellant plaintiff from the premises on 11.8.1982. When the plaintiff appellant declined to yield to the pressure of defendant respondent No.2, his son was arrested in a false criminal case. While his son was in Jail he was forcibly evicted on 29.8.1992 from anti -social elements. The plaintiff appellant claimed compensation to the tune of Rs.542819/ - from the defendant respondents along with possession over the same and cause of action has been shown to arose on 29.8.1992 when he was forcibly evicted from the rented portion of the premises.

(3.) TRIAL Court framed necessary relevant issues and by judgment and order dated 5.11.1999, dismissed the suit. While dismissing the suit, the Trial Court allowed the counter claim of the defendant respondent No.3. Feeling aggrieved, the plaintiff appellant filed instant first appeal keeping in view the factual position on record to the effect that plaintiff appellant has been in possession of land in dispute since 1955.