DWARIKA PRASAD Vs. RAM SWAROOP SONI

JUDGEMENT

(1.) This second appeal has been preferred by the tenant of the respondent, being aggrieved by the judgment and decree dated 26.06.2019 passed by the Court of Third Additional District Judge, Jabalpur in Civil Appeal No.22-A/2019.

(2.) It is not in dispute that earlier Lower Appellate Court remanded the case to the trial Court vide order dated 30.09.2014 to reconsider the suit on the basis of its merits, which order was challegned in M.A. No.2920/2014 in the High Court. This Court had set aside the order and remanded the case to the Lower Appellate Court to consider applications filed under Order 6 Rule 17 and Order 41 Rule 27 of C.P.C. then the First Appellate Court should adjudicate the case as per its merits.

(3.) The respondent's case is that he purchased the suit property on 20.09.1995 by a registered sale deed and got possession of the same. It is alleged by the respondent that till 1 st November, 1995 on the disputed land a 'Kachcha Tapra' was lying vacant and the same was let out to the appellant @ Rs.100/- per month for non-residential purposes. Till 1 st May, 2003, the appellant paid regular rent to the respondent, thereafter he stopped making payment. The respondent gave notice to him, even then appellant failed to pay the arrears of rent to him. In June, 2003, when the respondent demanded arrears of rent from the appellant, he found that the appellant started digging the land besides the said 'Tapra' with a view to construct latrine over it. The construction was completed by appellant wihout his consent and permission.