KAILASH NATH Vs. D. NARAIN GARG AND ORS.

JUDGEMENT

(1.) Defendant-Appellant has filed the instant second appeal invoking jurisdiction of this Court under section 100 of the Code of Civil Procedure challenging the judgment and decree passed by the courts below in a suit filed by the plaintiffs-respondents for eviction of the appellant.

(2.) It appears that the defendant was inducted as a tenant by the plaintiff pursuant to a lease deed dated 15.11.1956, which was also got registered on 12.12.1956. The tenancy originally created pursuant to the lease deed was for a period of 10 years. After the term of lease expired a notice terminating the tenancy was served upon the defendant on 7.12.1966 and as the defendant-appellant did not vacate the premise as such suit for eviction along with the arrears of rent and damages etc. was filed being Original Suit No. 62 of 1967.

(3.) The defendant-appellant filed his written statement and contended that the land, which has been leased out to the defendant was taken from Shri. L. C. Bhatt and there were various construction standing on the land, which was used as a garage. It was stated that provisions of the U. P. Rent Control and Eviction Act, 1972 were applicable. Various other grounds including that the suit was barred under section 60 of the Easement Act were taken. Trial court on the basis of the rival contentions framed 10 issues for the disposal of suit.