JAGDISH CHAND Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by Jagdish Chand defendant No. 1 against the judgment and decree dated 1.3.2004 passed by District Judge, Kangra at Dharamshala in Civil Appeal No. 44 D/XIII/2003 reversing the judgment and decree dated 28.2.2003 passed by learned Sub Judge 1st Class(2), Dharamshala in Civil Suit No. 47 of 2001. The parties are referred in the same manner as in the trial Court.

(2.) THE facts, as emerge from the plaint, are that plaintiff Parveen Kumar filed a suit for possession against defendant No. 1 Jagdish Chand on the ground that tenancy of defendant No. 1 has been terminated vide notice dated 27.12.2000. He was called upon to hand over the possession of shop No. 1 on or before 1.2.2001 and pay the arrears of rent. The further facts are that plaintiff is owner of shops No. 1 to 5 shown in the site plan at Sri Nadikeshwar Dhaam, Chamunda, Tehsil Dharamshala, District Kangra. Defendant No. 1 was a tenant in shop No. 1 on Rs. 700/ per month. In October 2000 the said shop was partly damaged in fire but defendant No. 1 without the consent of the plaintiff renovated the damaged shop and continued business therein despite the fact that he was employed in the Postal Services at Chamunda. The defendant No. 1 failed to hand over the possession of the shop, therefore, the suit was filed.

(3.) THE trial Court dismissed the suit on 28.2.2003 against which defendant No. 1 filed the appeal which has been allowed by the learned District Judge, hence, defendant No. 1 is in appeal in this Court. The appeal has been admitted on the following substantial questions of law: