INDU KHANNA Vs. PARAS RAM AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order dated 29.9.2008 passed by the learned District Judge, Solan whereby he allowed the appeal filed by the respondents (hereinafter referred to as the 'defendants') and set aside the order of status quo passed by the learned Trial Court on 22.2.2008.

(2.) THE brief facts of the case are that the plaintiff -petitioner entered into a rent deed with defendant No. 2, Balwant Singh on 6.7.2006. By means of this rent deed, the petitioner took on rent the premises measuring 56 feet x 24 feet comprising of three shutters and two room down stairs from defendant No. 2. The three shutters (shops) were on the road level and two rooms were down stairs. The plaintiff was given the possession of this property. Clause 14 of the said rent deed reads as follows:

(3.) HOWEVER , the learned District Judge came to the conclusion that the plaintiff is not entitled to any relief. According to him, Clause 14 of the agreement, quoted hereinabove, -granted a licence in favour of the plaintiff and this licence came to an end by virtue of Section 61 and 62 of the Indian Easement Act.