FAHEEM AHMAD Vs. RAMESHWARDAS BILAIYA

JUDGEMENT

(1.) Appellant-defendant has filed this second appeal challenging the judgment and decree dated 16.01.2018 passed in Civil Appeal No.47-A/2014 by the Additional Judge to the Court of 1st Additional District Judge, Shahdol (M.P.), whereby the appeal filed against the judgment and decree dated 29.11.2013 passed in Civil Suit No. 58-A/2013 passed by 1st Civil Judge Class 1, Shahdol has been rejected.

(2.) Respondent was plaintiff before the trial court and he filed a suit for eviction of defendant (appellant herein) from suit shop. It is averred by the plaintiff that a shop admeasuring 10.50X21 ft. = 220.5 ft. ? and a shop admeasuring 21X21 = 441 ft. ? Defendant is running a shop in name and style of Sabina Garments. Defendant- tenant paid rent to the plaintiff till June, 2007, thereafter he himself applied for lease of the shop. He was granted temporary lease, which was later on cancelled by the order of the Commissioner. Shop was built on the land belonging to State Government i.e. nazul land.

(3.) Defendant averred in his written statement that he had taken the shop on rent for period of six months. After six months, tenancy had come to an end. He had constructed the shop measuring 21X21 ft. ? by investing his own money. Shop was on rent at the rate of Rs. 250/- per month. He had invested Rs. 1,25,000/- in construction of shop, but same amount has not been adjusted by the landlord in rent. He had received a notice for demolition of shop and therefore he has applied for grant of temporary lease. He applied for the lease of the land bonafidely. Plaintiff is not the owner of land and shops are constructed on Government land. On basis of the same, he made a prayer for dismissal of suit.