NARENDER KUMAR Vs. AMAR LAL

JUDGEMENT

(1.) Present Regular Second Appeal by the plaintiff is directed against the judgment and decree dated 28.3.2011 passed by Additional District Judge, Kurukshetra, whereby judgment and decree dated 6.11.2008 passed by Additional Civil Judge [Senior Division], Pehowa was set-aside and the suit of the plaintiff was dismissed.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts of the case for the purpose of decision of this appeal; that plaintiff - Narender Kumar had filed a suit for declaration and for recovery of arrears on the plea that he is owner of a steel khokha measuring 9 x 17 sq. feet. The said khokha along with the land underneath the khokha was taken on rent at the rate of Rs. 300.00 per month in the year 1998. Earlier the defendant used to make payment of rent, but thereafter stopped the payment of rent and the plaintiff claimed an amount of Rs.10,800.00 as arrears of rent. The plaintiff also took the plea that the defendant changed the shape of steel khokha by way of putting a steel shutter in place of a wooden door without the consent of the landlord. Oral request and issuance of legal notice under Sec. 106 of Transfer of Property Act, 1882 [for short, "the Act"] dated 31.7.2004 was to no effect and as such, suit before the Court of first instance.