NAROTTAM NARAIN Vs. JAGDISH SARAN AGARWAL AND OTHERS

JUDGEMENT

(1.) The above second appeal arises from Suit No. 557 of 1964 of the court of Munsif, Moradabad, for ejectment, arrears of rent and damages in respect of the western portion of a house situate at Moradabad of which the first defendant Dr. Jagdish Saran Agarwal was said to have been the tenant on payment of Rs. 90.00 P.M. as rent.

(2.) The suit was dismissed by the trial court in so far as it related to the defendants ejectment but was decreed for recovery of rent from the first defendant for the period of 13th Aug., 1964 to 12th Nov., 1964 at the rate of Rs. 90.00per month. The appeal therefrom, being Civil Appeal No. 455 of 1973 was dismissed by the court of the Additional District Judge Moradabad. Hence this second appeal by the plaintiff landlord, Narottam Narain Agarwal, since deceased, now represented by his legal representatives.

(3.) There is another Second Appeal No. 2617 of 1972 which is also by Narottam Narain Agarwal, since deceased, now representated by his legal representatives. He was the defendant in the suit giving rise to that second appeal. That suit was filed by Dr. Jagdish Saran Agarwal, being Suit No. 135 of 1964 in the court of Munsif, Moradabad, for an injunction restraining Narottam Narain Agarwal from opening any passage to connect the eastern portion of the house with its western portion so as to use the western portion as his way and directing him to maintain the status quo and not to change the present position by damaging the house. This suit was decreed in toto by the trial court. The first appeal therefrom, being Civil Appeal No. 302 of 1971, was dismissed by the court of the Second Civil & Sessions Judge, Moradabad, and the decree of the trial Court was confirmed, but in a modified form, specified in the operative portion of its judgment. That is the judgment giving rise to the Second Appeal No. 2617 of 1972.