DHARAM PAL SINGH Vs. MAJOR GANDHRAB SINGH RANA

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 30.10.2008 rendered by the learned Additional District Judge, Solan in Civil Appeal No. 43 -S/13 of 2008.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that Appellant -Plaintiff (hereinafter referred to as 'Plaintiff ' for convenience sake) instituted a suit against the Respondent -Defendant (hereinafter referred to as 'Defendant ' for convenience Whether reporters of the local papers may be allowed to see the judgment? Yes sake). According to Plaintiff, he is tenant over the demised premises as detailed in the plaint and the Defendant is the owner, who has rented out the premises to the Plaintiff as per agreement dated 29.6.1996 @ Rs. 1100/ - per month. In March 2003, fresh agreement was executed and rent was increased to Rs. 1805/ -. According to him, the contents of this agreement were not read over to him and his signatures were obtained by fraud. The Defendant was threatening him to vacate the premises.

(3.) WRITTEN statement was filed by the Plaintiff to the counter -claim filed by the Defendants. The contents of the counter claim were denied. Issues were framed by the trial court on 2.8.2005. Suit of the Plaintiff was partly decreed and the Defendant was restrained by way of permanent prohibitory injunction from dispossessing the Plaintiff forcibly or illegally from the tenanted premises comprising of two bed rooms, kitchen, lobby, lavatory of House No. 325, Sector 4, Parwanoo, Tehsil Kasauli, District Solan. The counter claim of the Defendant was dismissed. Plaintiff preferred an appeal before the District Judge. He dismissed the same on 30.10.2008. Hence, the present Regular Second Appeal. It was admitted on the following substantial question of law: