SURESH KUMAR Vs. SARLA VAIDYA

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree, rendered on 14.7.2003 by the learned District Judge, Mandi, H.P., in Civil Appeal No. 60 of 2001, whereby, the learned District Judge dismissed the appeal preferred, by the appellant/defendant and affirmed the findings of the learned trial Court rendered on 10.8.2001 in Civil Suit No. 207 of 1997.

(2.) THE brief facts of the case are that the plaintiff/respondent filed a suit for permanent prohibitory and mandatory injunction against the defendant/appellant. It has been averred by the plaintiff that she is tenant of the premises located in the ground floor comprised in khasra No. 1519, measuring 18.60 sq. meters situated in Muhalla Bhagwahan 366/4, Tehsil Sadar, Mandi town. It has been further averred that previously Bhupinder Singh husband of the plaintiff was a tenant of the premises on payment of rent and had been doing the business in the premises in question. After the death of Bhupinder Singh the plaintiff inherited the tenancy rights and came in possession and had been running the business and paying rent to the landlords. It has been averred that for the last two months the plaintiff was not fit and has closed the shop, locked the same and had kept her articles in the shop. The sons of the plaintiff was away from Mandi town. On 5.11.1997, the defendant taking advantage of the illness of the plaintiff broke open the lock of the shop, broke the outer door and dismantled the back wall of the shop. The defendant removed the articles of the plaintiff lying in the shop for which a report was lodged with the police. It was alleged that the defendant is intending to demolish the first floor of the premises in question and to forcibly dispossess the plaintiff from the suit premises. Hence the suit.

(3.) THE plaintiff/respondent filed replication to the written statement of the defendant/appellant, wherein, she denied the contents of the written statement and re -affirmed and re -asserted the averments, made in the plaint.