JAWAHAR SINGH Vs. MOOL CHAND

JUDGEMENT

(1.) This is defendant's second appeal under Section 100 of CPC against the judgment and decree dated 6.10.2018 passed by Additional District Judge (Court No. 9) whereby Civil Appeal No. 69 of 2018 filed by defendant-appellant was dismissed affirming the order dated 27.2.2018 passed by Additional Civil Judge (Senior Division) in Original Suit No. 704 of 2012, decreeing the suit filed by plaintiff-respondent against the defendant-appellant for possession.

(2.) Essential facts as reflect from record are that Original Suit No. 704 of 2012 was filed by plaintiff-respondent against defendant-appellant seeking mandatory injunction directing the defendant-appellant to vacate the suit property and also pay damages at the rate of Rs. 2000/- per month. The suit was filed inter alia on the ground that plaintiff-respondent is the owner and in possession of the property bearing house no. 26/82, Ahirpada, Rajamandi, Agra as per sale deed dated 3.2.1994, which was executed by one Sri Satya Narayan son of Panna Lal in favour of plaintiff.

(3.) The defendant-appellant is the younger brother of the plaintiff-respondent, who got married in November, 1998 and on his request, the plaintiff-respondent permitted him to stay in his house at first floor consisting of two rooms, a kitchen, bathroom and gallery on a license. It is further averred in the plaint that plaintiff-respondent terminated the license by giving a registered notice dated 25.5.2012, which was refused by the defendant-appellant, hence, the suit.