RAJESH Vs. SUDHIR

JUDGEMENT

(1.) The appellants/defendants have filed the present appeal against the judgment and decree dated 12.03.2009, passed by the District Judge, Dhar in Civil Appeal No. 6-A/2008 filed by the plaintiff, whereby the decree under Section 12(1)(a) and 12(1)(f) has been granted in favour of the plaintiff and the judgment and decree dated 05.12.2007 passed by the Civil Judge, Class-I, in Civil Appeal No. 42-A/2006 has been granted and decree under Section 12(1)(h) has been modified.

(2.) Facts of the case are as under:

(3.) The respondent (hereinafter referred as plaintiff) is the owner of House No. 56 (Old No. 98), Mahatma Gandhi Marg, Dhar, having total area of accommodation 260 sq.mtr. and its boundaries are mentioned in para 1 of the plaint (hereinafter referred as suit accommodation). He gave the suit accommodation to Gopichand who is father of defendant No. 1 and husband of defendant No. 2 at the monthly rent of Rs. 500/- per month. The defendant Nos. 1 and 2 have started the business of sale of Shoes and slippers in the suit accommodation. According to the plaintiff, defendant Nos. 1 and 2 in collusion with the Son of Late Sundar Lal have damaged the suit accommodation. They have also constructed the basement and due to which south east portion of the accommodation has been collapsed and now the Son of Sundarlal has started the construction by damaging the suit accommodation. Hence the plaintiff filed the Civil Suit No. 24-A/2005 in which the temporary injunction was granted in his favour on 21.03.2005.