SHAHNAJ @ GUDIYA Vs. MAHESH SHARMA

JUDGEMENT

(1.) This order is passed with regard to admissibility of this second appeal.

(2.) The appellant has filed this second appeal under section 100 of CPC against the judgment and decree dated 25/8/2012 passed by Fourth Additional District Judge, Morena (MP) in first appeal no. 12-A/11, confirming the judgment and decree dated 30.8.2011 passed by Third Civil Judge Class-I, Morena in civil suit no. 33-A/09, dismissing the suit filed for declaration and permanent injunction.

(3.) The appellant / plaintiff had filed a suit for declaration and permanent injunction before the trial court on the ground that her uncle was the tenant in the suit accommodation at the rate of Rs.8/- per month and after death of her uncle, the appellant / plaintiff is residing in the suit accommodation and paying the rent at the rate of Rs.25/- per month and the rent upto March, 2008 has been paid to the respondent / defendant. Thereafter, the respondent / defendant has not been receiving the rent and now, the defendant is trying to oust the appellant / plaintiff from the suit accommodation, therefore, the appellant filed a suit for declaring that she is tenant of the suit accommodation at the rate of Rs.25/- per month and until and unless there is decree of eviction, the respondent / defendant be restrained not to interfere in her possession.