HAGE TARA Vs. HAGE APPO

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 17.12.03 passed by the learned Deputy Commissioner, Lower Subansiri District, Ziro in Money Suit No. 03/05 directing to pay the plaintiff/respondent the decreetal amount of Rs. 9.60,000/- together with interest @ 14 per cent per annum with effect from 12.04.95 being the arrear rent within a period of one month from the date of passing the decree and in default, further to pay interest @ 12 per cent per annum.

(2.) The respondent herein as the plaintiff, instituted the Money Suit for realization of the arrear as well as the current land rent in respect of the land belonging to him on which the defendant/appellant constructed L.P.G. cylinder storage godown for running his business under the name and style M/s. Laali Gyochi Gas Service, Ziro (Hapoli).

(3.) As per the pleadings in the plaint, the defendant/appellant had approached the plaintiff/respondent to allow him his land for the purpose of construction of LPG godown at a monthly rent to be fixed after 5 years. Exhibit 1 agreement was executed by and between the plaintiff and the defendant, Clause-3 of which reads as follows : "Since the godown has been constructed on the plot at Lara owned by the second party, rents will be charged at the rate which might be prevailing in that locality after 5 years. The land where the godown is constructed will never be claimed by the first party whatsoever."