RAJENDRA KUMAR VERMA Vs. TRIYUGI NARAIN VERMA

JUDGEMENT

(1.) -Heard learned Counsel for the appellant and the Counsel for the caveator/respondent.

(2.) This is defendant's second appeal arising out of the judgment and decree dated 9.4.2008 passed by the Additional District Judge, Court No. 2, Kanpur Nagar, in civil appeal No. 31 of 2007 confirming the judgment and decree dated 20.3.2007 passed by the Civil Judge (Junior Division) Kanpur Nagar, in original suit No. 274 of 2002, Triyugi Narain v. Rajendra Kumar Verma.

(3.) The plaintiff/respondent instituted a suit against the appellant/ defendant for his eviction on the ground that the appellant was in possession of the disputed premises on the basis of a licence. The licence was revoked by means of notice, therefore, he is not entitled to continue in possession. Specific case of the pLalntiff was that the house in question being house No. 104-A/248-C, Rambagh, Kanpur Nagar, belongs to the pLalntiff. Since he was posted outside Kanpur, the defendant/appellant was his relative and he had no place at Kanpur, therefore, he was allowed to occupy the back portion of the house with an understanding that he will vacate the premises as and when required by the pLalntiff/respondent and an agreement note was written on 24.2.1989. After the pLalntiff/respondent retired from his Railway service, he requested the defendant to vacate the premises, which he flatly refused to do so. A registered notice dated 7.12.2001 was served on the defendant revoking his licence. The defendant contested the suit on the ground that he is not a licensee but a tenant and his father was the previous tenant and after his death, the appellant continues in the capacity of a tenant. The agreement relied upon by the pLalntiff and brought on record as paper No. 29-Ga, was an unregistered document and carbon copy. Oral as well as documentary evidence was adduced by both the parties. The Trial Court decreed the suit, which was challenged in regular civil appeal and the same has also been dismissed.