BANSI LAL THAKUR Vs. RAM SARAN THAKUR

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 8.7.2014 rendered by the learned District Judge, Shimla, H.P., in Civil Appeal No. 3-S/13 of 2014.

(2.) Key facts, necessary for the adjudication of this second appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff, for the convenience sake) has filed a suit for possession against the appellantdefendant (hereinafter referred to as the defendant, for the convenience sake) with the averments that the plaintiff is owner of five storyed building known as Saw Mill Building at village Banuti, Tehsil and Distt. Shimla, H.P., situated over Kh. No. 960/434/638, comprised in Khewat No. 78, Khatauni No. 124, as per jamabandi for the year 2001-02. The defendant approached the plaintiff in the month of March, 2009 for renting out one shop comprising of two rooms on rent i.e. 4th floor of the building for running medical store known as M/S Rakesh Medicine Centre for a period of one year on a rent of Rs. 20,000/- per annum. An agreement was executed on 23.3.2009. The tenancy of the shop premises commenced from 1.4.2009 till 31.3.2010. Legal notice was served upon the defendant dated 6.3.2012 terminating the tenancy rights qua the tenanted shop asking the defendant to vacate and hand over the possession on or before 30.4.2012 and to pay use and occupation charges.

(3.) The suit was contested by the defendant. According to him, agreement dated 23.3.2009 was extended twice impliedly by plaintiff in favour of the defendant. The plaintiff has accepted the rent w.e.f. 1.4.2010 to 31.3.2011 and thereafter w.e.f. 1.4.2012 to 31.3.2012. The legal notice dated 6.3.2012 was neither delivered nor has ever been received by him.