SUSHIL KUMAR Vs. LAJJA RAM ALIAS LAJ RAM

JUDGEMENT

(1.) Sushil Kumar defendant no. 1 having remained unsuccessful in both the courts below has filed the instant second appeal. Lajja Ram alias Laj Ram respondent no. 1 filed suit against the appellant and his brother Vijay Kumar proforma respondent no. 2 for possession of the shop by redemption of mortgage thereof alleging that the plaintiff after purchasing the suit land vide registered sale deed dated 18.6.1993 for Rs 24,000/- constructed disputed shop there and mortgaged it with possession with defendants vide registered mortgage deed dated 13.8.1993 for Rs 14,000/-. However, defendants on demand refused to accept the mortgage money and to redeem the mortgage. The plaintiff accordingly sought possession of the shop in suit by redemption of mortgage and also claimed Rs 2500/- per month as mesne profits from the date of filing of suit till delivery of possession. The defendants pleaded that they had taken the shop on rent from the plaintiff in August, 1993 at the rate of Rs 200/- per month rent and later on defendant no. 2 left business and defendant no. 1 alone has been doing the business in the shop in suit and has been paying rent regularly to the plaintiff, who, however, never issued any receipt. The plaintiff rather got the mortgage deed executed to deny protection of Rent Control Act to the defendants.

(2.) Learned Civil Judge (Junior Division), Panchkula vide judgment and decree dated 17.4.2009 decreed the suit for possession of the shop in suit by redemption of mortgage but relief of mesne profits claimed by the plaintiff was denied. Both plaintiff and defendant no. 1 preferred appeals against judgment and decree of the trial court. Learned Additional District Judge, Panchkula vide judgment dated 22.10.2009 dismissed the appeal preferred by defendant no. 1 but partly allowed the appeal preferred by the plaintiff and directed appellant-defendant no. 1 to pay mesne profits to the plaintiff @ 1000/- per month from the date of institution of the suit till delivery of vacant possession thereof. Feeling aggrieved, defendant no. 1 has preferred the instant appeal.

(3.) I have heard learned counsel for the appellant and perused the case file.