KAMLESH KOTHARI Vs. DINESH

JUDGEMENT

(1.) This second appeal is preferred under section 100 of the Code of Civil Procedure arising out of the impugned judgment and decree dated 05.07.2018 passed by Additional District Judge, Karera in Appeal No. 7A/2018 and 20A/2018, whereby the appellate court confirmed the judgment and decree passed by Civil Judge, Class-I, Karera in Civil Suit No.65A/2014 with certain modification.

(2.) Brief facts of the case are that, initially a civil suit was filed by the appellants/plaintiffs against the respondents/defendants seeking declaration on the ground that the appellants/plaintiffs are the tenant of defendant/landlord and for recovery of possession as also for permanent injunction. It is pleaded that there are two shops. It is further pleaded that the shops were let out by the defendants No. 1 and 2 to the plaintiffs in the year 2004 @ Rs. 500.00 per months after taking 'PADGI' of Rs. 2 lacs. The tenancy was oral and no rent receipt was given by the defendants to the plaintiffs and tenancy was from the first date of Gregorian calender ending on the last date and rent has been paid upto Jan., 2009. In the plaint, it is further pleaded that the plaintiffs are carrying on business of grocery in the name of Sankar Provisional Kirana Store.

(3.) It is further pleaded that on 28.8.2006 defendants along with their relatives demanded for enhancement of the rent which was denied by the plaintiffs and quarrel took place against which complaint was made to the police but the police has wrongly registered the case against the plaintiffs and criminal proceedings are pending before the competent court of law. It is further pleaded that the defendants want to oust the plaintiffs without due process of law and without having a decree of eviction by the competent court. It is further pleaded that on 7.8.2012, clock of the gallery portion was broken by the defendants and after removing the article of the plaintiffs, possession was taken, therefore, the appellants/plaintiffs had filed the civil suit before the Civil Judge, Class-I, Karera which was registered as Civil Suit No. 65A/2014. The defendants filed their written statement and by filing counter claim it was prayed that the disputed shop and gallery are of the ownership of defendants No.1 to 4 and the same was not let out to the plaintiffs. The trial Court has dismissed the suit filed by the appellants/plaintiffs but partly allowed the counter claim of the respondents/defendants directing that the appellant/plaintiff shall deliver vacant possession of the shop and gallery in question to the respondents/defendants and respondents/defendants have been directed to pay Rs. 6000.00 as standard rent for a period of one year to the appellants/plaintiffs. Against the judgment and decree passed by the Trial Court, F.A. No.07A/2018 was filed by appellants/plaintiffs and F.A. No. 20A/2018 was filed by respondents/defendants. The First Appellate Court dismissed both the appeals modifying the judgment and decree of the trial Court. Hence it is prayed that the appeal filed by the appellants/plaintiffs be allowed and the judgment and decree passed by both the courts below be set aside.