SOBA RAM Vs. SANJEEV SHARMA

JUDGEMENT

(1.) HEARD Mr. O.P.Thakur, learned counsel for the appellant and Mr. R. Oswal, learned counsel for the respondent as well, in extenso.

(2.) THIS Civil Second Appeal is directed against the judgment and decree dated 7.11.2002 passed by the learned District Judge, Udhampur, whereby he has affirmed the judgment and decree dated 19.2.1996 passed by the trial court in eviction Suit No. 99 -Civil/1992 in case entitled Sanjeev Sharma v. Sobha Ram. It appears that Sanjeev Sharma, respondent(Plaintiff) had initiated an action for eviction from a single storey shop located at Ward No. 2 Domala Udhampur, explicitly delineated in the plaint against Soba Ram, appellant(defendant). The sole ground taken by the respondent(plaintiff) in the suit was that he had purchased the demised shop from its original owners Sh. Dalpat Sharma and Chander Kant Sharma sons of Pt. Amar Nath Sharma for his personal use and occupation as he was sitting idle and without a job. It was further stated in the plaint that after the execution of Sale Deed, he informed the defendant about the change of ownership in respect of the suit shop and later on, the defendant attorned the plaintiff as his landlord and also agreed to pay rent @ 200/ - per month. The further request of the respondent -plaintiff was for fresh execution of rent note which did not receive positive response and even the appellant -tenant stopped the payment of rent with effect from December, 1986 despite notice and thereby committed three legal defaults of 2 months each during the phase of 18 months in the payment of rent.

(3.) THE stand of the appellant -defendant before the trial court, in his demurer, was that he had taken the shop on rent from one S. Parvinder Singh. He also denied to have attorned the plaintiff to be the landlord of the suit shop. The trial court framed as many as 07 issues on the pleadings of the parties for adjudication which are detailed as under;