ROSHAN TRANSPORT AND FORWARDING AGENCY Vs. NAVIN CHAND

JUDGEMENT

(1.) This Second Appeal has been filed by the defendant-appellants against the judgment and decree dated 30 March 2019 passed by the IVth Additional District Judge, Agra in Civil Appeal No.208 of 2017 (Navin Chand vs. M/s Roshan Transport and Forwarding Agency, Agra & Ors.) arising out of the judgment and decree dated 27 November 2017 passed by the Additional Civil Judge (Senior Division), Court No.3, Agra in Original Suit No.35 of 2010 (Navin Chand vs. M/s Roshan Transport and Forwarding Agency, Agra & Ors.).

(2.) The aforesaid suit was filed by the plaintiff-respondent, who is the landlord of property at 6/119, Tara Niwas, Belanganj, Agra, against the defendant-appellants (tenants) for a decree of ejectment to vacate the land in suit and to deliver vacant physical possession of the same to the plaintiff-respondent. Further relief was sought for recovery of a sum of Rs.132877.32 from the defendant-appellants, a decree of a mesne profit and a decree of permanent prohibitory injunction.

(3.) The plaint case, in brief, is that the defendant nos.1 and 2 were monthly tenants of an open piece of land which was let-out on rent to them by the plaintiff-respondent at the rate of Rs.625/- per month. The tenancy was with the agreement that if any constructions were raised, they would be temporary in nature with a right to remove the same at the time of vacation. The defendant nos.1 and 2 did not pay rent since January 2008 even after repeated demands. The plaintiff-respondent came to know that the defendant nos.1 and 2 had sub-let the tenanted land to the defendant no.3 and were charging a heavy amount of rent from the defendant no.3 against the terms of tenancy. It was alleged that the defendants have changed the purpose of tenancy and since the defendant nos.1 and 2 were raising permanent constructions over the land in suit, the plaintiff-respondent filed a suit in 1977 against them for injunction. In the suit of 1977 a compromise was entered into between the plaintiff-respondent and the defendant nos.1 and 2 giving them time to vacate the land in question while making it clear that any constructions raised by the defendants would be deemed to be of a temporary nature which they could take with them at the time of handing over possession of the land to the plaintiff-respondent and also that the tenancy would be on month to month basis and during the period of eight years, the plaintiff of the said suit would have a right to raise constructions and make first floor on the land in question. The compromise was made part of the decree. A notice dated 14 November 2008 was sent to the defendant nos.1 and 2 terminating the tenancy and demanding arrears of land and mesne profit of Rs.25,000/- per month till actual delivery of possession. Other notices were sent on 30 December 2008 and 18 May 2009 which all were replied to by the defendant-appellants.