REHMATULLAH Vs. MOHD SHARIF

JUDGEMENT

(1.) A. P. Singh, J. This second appeal has been filed by the plaintiff-Rehmatullah challenging the judgment and decree passed by Sri R. P. Verma, a Civil Judge, Aligarh (hereinafter referred to as 'the lower appel late court') dated 25th April, 1988.

(2.) PLAINTIFF-appellant filed suit seeking eviction of the defendant-respondents, namely, Mohd. Sharif and his brother from the property in suit, which was described by him as open piece of land.

(3.) AFTER considering evidence on record, in the light of the pleadings of the parties, trial court held that what was let out to the defendants was an open piece of land, and not a shop. Trial court also held that the rent of the land which was let out was Rs. 200 per month and that Mohd. Sharif was in default and had also constructed a shop on it, without obtaining permission ofthe plaintiff-appellant. The suit of the plaintiff was accordingly decreed. Trial court also held that the suit was maintainable and the provisions of the Act were not attracted to the property in suit, including Section 29-A thereof.