PRITPAL SINGH Vs. SUBHASH CHAND GOEL

JUDGEMENT

(1.)

(2.) THIS Regular Second Appeal is directed against the judgment and decree dated 27.02.2004, passed by the learned Additional District Judge, Solan, H.P. in Civil Appeal No. 53 -S/13 of 2003. Material facts necessary for adjudication of this Regular Second Appeal are that the respondent -plaintiff, namely, Kailash Chand (hereinafter referred to as 'the plaintiff' for the sake of convenience), had filed a suit for possession against the appellant -defendant (hereinafter referred to as 'the defendant' for the sake of convenience). According to the plaintiff, he is owner in possession of one double storeyed building, situated at Dharampur, Tehsil Kasauli, District Solan on Kalka Shimla road. The said building on one side is abutted by Rai Bahadur Sewak Ram (Trust) Society building and the other side is vacant land. Out of four shops on the ground floor, third shop from Kalka side or second shop from Shimla side has been with the defendant at a monthly rent of Rs.400/ - since 01.09.1981. The tenancy was monthly tenancy and was determined by notice issued under Section 106 of the Transfer of Property Act, dated 16.01.1997 through a registered A.D. and UPC. The defendant was required to hand over the possession to the plaintiff from 28.02.1997 onwards. According to the plaintiff, the defendant is presently a tress -passer as the tenancy stood determined from 28.02.1997 and he is liable to pay use and occupation charges at the rate of Rs.50/ - per day from 01.03.1997 onwards.

(3.) REPLICATION was filed by the plaintiff. The issues were framed by the learned Sub Judge 1st Class, Kasauli at Solan, District Solan, H.P. on 21.08.2001. The suit was decreed against the defendant for ejectment from one shop at Dharampur. The defendant preferred an appeal before the learned Additional District Judge, Solan, H.P. He dismissed the same on 27.02.2004. Hence, this Regular Second Appeal.