AAKASH GOUD Vs. SANDHYA

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition under Article 226 of the Constitution of India being aggrieved by the order dtd. 26/7/2024 passed by the XIth District Judge, District - Indore in Miscellaneous Civil Appeal No.15/2024, whereby the appeal has been allowed and the order passed by the IIIrd Civil Judge, Junior Division in RCS No.1013-A/2023 has been set aside.

(2.) Facts of the case reveal that the respondent / plaintiff filed a civil suit seeking eviction and recovery of rent against the petitioner / defendant with respect to eastern side of shop located on the first floor of House No.43/5, Samvid Nagar, Kanadia Road, Indore.

(3.) Facts further reveal that during the pendency of the suit, the plaintiff filed an application under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 for temporary injunction on the grounds that the plaintiff's house has two room and a bathroom on the ground floor and two shops on the first floor, which are in possession of the plaintiff. One of these shops facing east side has been rented to defendant for Rs.8,000.00 per month, where the defendant is running business under the name 'Fist World'. The tenancy agreement with the defendant is oral the tenancy starts from first day of every month. On 4/6/2023, the plaintiff sent a legal notice to the defendant by registered post demanding payment of the outstanding rent and termination of the tenancy and further vacate the shop and hand over the physical possession of the shop. The defendant did not respond to the same and trying to alter the structure of the shop.