STATE OF HIMACHAL PRADESH Vs. DAGU RAM

JUDGEMENT

(1.) By way of the present appeal, the State has challenged the judgment and decree passed by the Court of learned District Judge, Kinnaur at Rampur Bushahr, in Civil Appeal No. 75 of 2004, decided on 02.07.2005, vide which, learned Appellate Court has allowed the appeal of the present respondent and set aside the judgment passed by the Court of learned Civil Judge (Junior Division), Rampur Bushahr, in Civil Suit No. 34 -1 of 2003 dated 24.08.2004.

(2.) This appeal was admitted on 14.03.2008 on the following substantial questions of law: -

(3.) Brief facts necessary for the adjudication of the present case are that the respondent/plaintiff hereinafter referred to as the plaintiff, filed a suit for recovery of Rs.81,100/ - on the ground that he was owner in possession of two storeyed house comprising three rooms in each storey situate in Muhal Munish Bahli, Tehsil Rampur, District Shimla, H.P. i.e. the suit property. His further case was that in September, 2000, village Munish Bahli was allotted Middle School by upgrading the Primary School, which existed in the village. The building housing the Primary School was not having sufficient accommodation for the classes of Middle School. The son of the plaintiff Saran Dass was persuaded by the Headmaster of the Primary School and the villagers to provide accommodation of three rooms in the lower storey of the demised premises and a writing in the form of affidavit was got executed from him i.e. the son of the plaintiff and possession of the lower storey was thus allotted to the school. According to the plaintiff, the son of the plaintiff had no legal authority to allot the accommodation without seeking permission from the plaintiff and that too without claiming any rent for an indefinite period. According to the plaintiff, one room in the upper storey was also being occupied by the Headmaster, Government Middle School Munish Bahli and no rent was being paid for the same. The plaintiff issued a legal notice to the Headmaster, Government High School Munish, who had the supervisory authority over the Middle School Munish Bahli, for vacating the accommodation unauthorizedly given by the son of the plaintiff without his consent. According to the plaintiff, the accommodation i.e. four rooms were being unauthorizedly occupied and no rent was being paid and loss was being caused to the agricultural crop and to the apple crop for the last two years, which had caused loss to the tune of Rs.50,000/ - to the plaintiff. According to the plaintiff, he was also entitled to the amount of Rs.30,000/ - as use and occupation charges of the four rooms w.e.f. 06.09.2000 to 30.09.2002 and thereafter also. On these basis, the plaintiff filed a suit for recovery of Rs.81,100/ - with future interest at the rate of 9% per annum from the date of filing of the suit till realization of the amount claimed.