HARIKESH Vs. NARAIN DEVI

JUDGEMENT

(1.) THE defendant is in second appeal against the judgment and decree of the learned First Appellate Court dated 12.9.2007.

(2.) THE plaintiff filed a suit for possession by way of ejectment of the defendant from the shop bearing private No. 1 consisting of two portions and two shutters (hereinafter referred as 'the demised premises') and for recovery of the arrears of rent w.e.f. 28.8.2001 till the tenancy was terminated along-with mesne profits @ Rs. 4000/- per month from the date of termination of tenancy till the delivery of vacant possession of the demised premises.

(3.) THE plaintiff filed the replication. On the pleadings of the parties, following issues were framed :-