REENA DEVI Vs. GOPAL DASS

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 6.8.2011 rendered by the learned Additional District Judge -(II), Kangra at Dharamshala, in RBT Civil Appeal No.2 12 -P/ 10/2009.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the respondent -plaintiff (hereinafter referred to as ˜plaintiff for convenience sake) instituted a suit against the appellant -defendant No.1 and defendant No.2 Sanjay Sood (hereinafter referred to as ˜defendants for convenience sake) stating that he was owner in possession of land bearing Khata No.240 min, Khatauni No.352 min, Khasra Nos 36, 37 and Khata No. 46 min, Khatauni No.65, Khasra No.33, situated in Mohal Khatrehar, Mouza Paprola, Tehsil Baijnath, District Kangra, H.P. Plaintiff was having shops on this land. Defendants were inducted as tenant in the shop on monthly rent of Rs. 800/ -. The tenancy was from month to month basis. The shop under tenancy of defendants was old. It required urgent repairs. He was in need of shop for his personal use and occupation. He did not want the defendants to be his tenants. The defendants did not pay rent. He issued notices to the defendants, under section 106 of the Transfer of Property Act to terminate the tenancy. Defendant No.1 refused to receive the notice whereas defendant No.2 received the notice.

(3.) PLAINTIFF filed replication.Issues were framed by the Civil Judge (Sr. Division), Palampur. He decreed the suit on 11.11.2009. Defendant No.1 preferred an appeal. Defendant No.2 was added as proforma respondent No.2. Learned Additional District Judge -(II), Kangra at Dharamshala dismissed the appeal on 6.8.2011. Hence, the present Regular Second Appeal by one of the defendants, namely, Reena Devi.