CHARNA Vs. MANKAMAL SINGH

JUDGEMENT

(1.) The present regular second appeal is maintained by the appellant against the judgment and decree dated 06.2.2010, passed by the learned District Judge, Una, District Una, H.P., in Civil Appeal No.20 of 2009, whereby the judgment and decree dated 16.2.2009, passed by learned Civil Judge, Senior Division, Una, in Civil Suit No.99/2003 has been reversed, with a prayer to set aside the same and to restore the judgment and decree passed by the learned Trial Court.

(2.) The brief facts giving rise to the present appeal are:

(3.) The defendant contested the suit and averred that the land underneath the shop was given on lease on a monthly lease money of Rs.10/- and the same was enhanced to Rs.50/-. Further, that after getting land on lease, the respondent raised super structure with his own funds and at that time, it was agreed by the predecessor-in-interest of the plaintiff/respondent that lease is of permanent nature and so long the defendant pays the lease money, he would not be evicted. As per the defendant, the allegation of the plaintiff, that the shop in question was rented out by the appellant on 01.6.1995, altogether is wrong and false. It has been pleaded that the lease money has been paid to the plaintiff till April, 2003.