MEHAR CHAND Vs. DEV RAJ

JUDGEMENT

(1.) THE plaintiff has come in second appeal against judgment, decree dated 26.12.2003 passed by learned District Judge, Hamirpur in Civil Appeal No. 158 of 1998 affirming judgment, decree dated 1.9.1998 passed by learned Sub Judge, 1st Class, Court No.(I), Hamirpur in Civil Suit No. 151 of 1994.

(2.) THE case of the appellant in brief is that he had filed a suit against the respondent claiming to be a tenant in the suit property under respondent for the last 20 years at the rate of rent of ` 40/- per month. THE suit premises consists of two rooms, one verandah slate roof double storey situated in Nadaun Bazar, District Hamirpur. It has been stated that on 24.5.1994 due to storm some slates of the roof were dislocated and the appellant put the slates in position on 29.5.1994. THE respondent mischievously and forcibly removed one door of the premises and damaged the slates. He removed the material from the spot and threatened the appellant to vacate the premises immediately. THE respondent was requested not to damage the suit property. In these circumstances, the suit was filed.

(3.) THE replication was filed. On the pleadings of the parties, the following issues were framed:- 1. Whether the plaintiff is entitled to the relief of permanent prohibitory injunction as prayed? OPP 2. Relief. THE issue No.1 was partly answered in affirmative and partly in negative and the suit was partly decreed on 1.9.1998. THE appellant filed appeal against judgment, decree dated 1.9.1998. THE plaint was amended in appeal. THE learned District Judge on 15.5.2002 remanded the matter to the learned trial Court after framing additional issue as follows:- "Whether the defendant due to illegal acts on his par has made the suit premises to collapse during the months of July-August, 1999 and thereby made the same unfit for human habitation as alleged, if so, to what effect?" OPP