RASHEED KHAN Vs. MOHD. AYYUB

JUDGEMENT

(1.) The appeal is filed against the judgment and decree of Regular Civil Appeal No.49 of 2011 which was pending in the Court of the District Judge-1, Nanded. Regular Civil Suit No.499 of 1994 was filed by respondent for possession against the present appellant and the suit was decided in favour of the present respondent. The First Appellate Court has confirmed this decision. The decree of possession is given and the present appellant is directed to pay damages for use of the premises. Both the sides are heard.

(2.) The plaintiff is owner of house Municipal No. 3-2-160 situated at Station Road Nanded. It is the case of the plaintiff that suit premises, the space admeasuring 23 x 14 ft which includes 'Chabutara' of this property was given to defendant for its use as licensee. It is contended that the document was made in that regard and after expiry of the period of licence new documents of leave and licence were prepared. Plaintiff was getting Rs.1101/- per month for the use and the first agreement was for the period of 11 months.

(3.) It is contended that the period given in the last agreement expired on 31-5-1994 and so after that the defendant is using the suit premises illegally. It is contended that the plaintiff had asked the defendant to withdraw from the premises but the defendant refused to do so. The suit was filed for relief of possession and also damages in respect of the suit premises.