KSHETRIMAYUM IBOHAL SINGH Vs. IBEMHAL DEVI

JUDGEMENT

(1.) THE present appeal valued at Rs. 11,04,000/- (Rupees eleven lakhs four thousand) only is directed against the judgment and decree dated 30.10.2006 passed by the learned Addl. District Judge (Fast Track Court) Manipur East, passed in Original Suit No.27 of 2003/3/2005/ADJ/FTC/ME wherein and whereunder it is ordered and decreed that respondent-plaintiff may take back from the appellant-defendant No.1 the suit building and its rooms on payment of Rs.2 lakhs to the appellant-defendant No.1 and enjoy the rent personally or otherwise. THE appellant is defendant No.1.

(2.) HEARD Mr. N. Surendrajit, learned counsel for the appellant-defendant No.1 and Mr. Th. Kesho, Advocate and Mr. Momon, learned counsel for the respondent-plaintiff.

(3.) THE appellant-defendant No.1 filed written statement. In his written statement the appellant-defendant No.1 did not deny that the said land and building belonged to respondent-plaintiff; but categorically denied the amount of rent, mentioned in the plaint, said to have been collected by defendant No.1 from defendant Nos. 2, 3 and 4; and also that the appellant-defendant No.1 spent only a sum of Rs.3 lakhs for construction of the two storeyed pucca building. THE appellant-defendant No.1 pleaded in his written statement that the appellant-defendant No.1 had incurred a sum of Rs.25 lakhs in demolition of the old structure on the said land and in construction of the said two storeyed pucca building thereon. THE appellant-defendant No.1 had collected a sum of Rs.2,32,500/- (Rupees two lakhs thirty two thousand five hundred) from defendant No.2 as monthly rent for the period from October 1995 to June 2003 and a sum of Rs.2,32,500/- (Rupees two lakhs thirty two thousand five hundred) only from defendant No.3 for the said period and another sum of Rs. 51,200/- (Rupees fifty one thousand two hundred) only from defendant No.4 for the period from March 1998 to June 2003. Total amount of money received by appellant-defendant No.1 from defendant Nos. 2, 3 and 4 up to the month of June 2003 is Rs.5,16,200/- (Rupees five lakhs sixteen thousand two hundred) only. THEre is still a balance of Rs.19,83,800/- (Rupees nineteen lakhs eighty three thousand eight hundred) to be recovered or adjusted from the monthly rent respectively from defendant Nos. 2, 3 and 4. THE appellant-defendant No.1 shall not handover the suit premises i.e. two storeyed pucca building constructed on the said land of respondent-plaintiff, unless respondent-plaintiff paid the said balance amount of Rs.19,83,800/- which are receivable from defendant Nos. 2, 3 and 4 respectively.