RAMPRAKASH @ BATAI Vs. MUNNILAL & ANR

JUDGEMENT

(1.) The appellant is aggrieved by judgment and decree dated 2.2.2011 passed by Third Additional District Judge, Bhind, in RCA No.25/2010, whereby the judgment and decree passed in RCS No.38-A/2007 on 2.7.2010 by the 1st Civil Judge Class I, Bhind, has been confirmed.

(2.) The brief facts leading to the present appeal are that appellant/plaintiff had filed a suit seeking relief of permanent injunction and declaration that plaintiff be declared as tenant of the defendants. The admitted facts are that plaintiff/appellant is in occupation of one shop of defendant No.1 situated in old ward No.24, new ward No.27, at Bhind. According to the plaintiff, he had taken the said shop from defendant No.1 about 25-26 years back at monthly rent of Rs.20/-. Defendant No.1 had prepared a rent deed on printed form and obtained signatures of the plaintiff. In the said shop, the plaintiff is carrying the business of grocery. As per the plaintiff, he had paid the rent uptil March, 2002, but when the plaintiff approached defendant No.1 on 1.5.2002 to pay rent for the month of April, he refused to take the rent and asked the plaintiff to vacate the said shop. Thereafter, he made a money order, receipt of which was not produced, and alleged that defendant No.1 is forcibly trying to evict the plaintiff from the said shop.

(3.) The defendants denied these contentions and submitted that plaintiff had taken the shop on 1.5.1999 at monthly rent of Rs.350/- and rent agreement was executed, but the plaintiff has not paid rent since 1.5.99, therefore, defendants desire to get the shop evicted for arrears of rent and also for the reason that said shop is required for bonafide use of son of defendant No.1. A counter claim was also filed.