RAHMATULLAH Vs. MOHD. SHARIF

JUDGEMENT

(1.) THIS second appeal has been filed by the plaintiff-Rehmatullah challenging the judgment and decree passed by Sri R.P. Verma, Civil Judge, Aligarh (hereinafter referred to as 'the Lower Appellate 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.) THE defendants contested the suit on the ground that plaintiff had let out a shop which was already in existence on the land in suit, for running a tea stall. It was further stated that the rent of the shop, in dispute was only Rs. 30 per month and not Rs. 200 as was claimed by the plaintiff. It was further alleged that the provisions of the Act were attracted and, therefore, the suit was not, at all maintainable in Civil Court.