BHAGGU RAM Vs. GULAB CHAND

JUDGEMENT

(1.) This Second appeal is preferred against the judgment and decree dated 14.8.1991 passed by IX Additional District Judge, Varanasi, in Civil appeal no.215 of 1989 arising out of the judgment and decree dated 5.12.189 passed by VII Munsif Magistrate, Varanasi in original Suit No.253 of 1984.

(2.) The brief facts giving rise to this appeal are that plaintiff respondent, hereinafter called the respondent, filed an original suit for permanent prohibitory injunction with the prayer that the defendant should be restrained from demolishing the property in dispute by alteration or damaging the same during pendency of the tenancy and further not to change the nature of the property.

(3.) The plaintiff was the resident of district Varanasi. The property in dispute originally belonged to Smt. Chandrika Kumari wife of Lal Kharegmal Sakin who executed a lease in favour of Kattal on 15.12.41 and handed over the possession of the same. After the said lease deed the Kattal constructed a house and a sahan towards south and also raised thatched structure and the same was registered in the records of the municipal board as no. A-36/30 A. Two sons born to Kattal, namely Ranu and Khanu and Ranu died during the lief time of Kattal leaving behind the plaintiffs as his heirs and in the year 1960 kattal also expired and after his death khanu and plaintiffs became owner of the property in dispute. On the request of the defendant plaintiffs let out disputed property to the defendant on payment @ of rent Rs.40/- per month. The defendants has refused to pay the rent and they also threatened that they will demolish the Madai and Dalan and will raise new construction, hence the plaintiff filed this suit.