MOHAN LAL Vs. DHANNA LAL

JUDGEMENT

(1.) Narendre Kumar Jain, J. - Heard learned counsel for the parties.

(2.) Plaintiff-respondent Dhanna Lal filed a suit for possession of the disputed property against defendant-appellant in the Court of Civil Judge(Junior Division) Kishangarh pleading therein that tenancy of the defendant was terminated vide notice dated 14.02.2007(Exhibit-2), which was sent to him through registered post, but he refused to accept the same, therefore, it was returned back with the endorsement "refused to accept". Since, the defendant did not hand over the possession of the suit premises, therefore, present suit was filed by the plaintiff-respondent.

(3.) The suit was contested by the defendant by filing written statement pleading therein that the notice was not received by him. Learned trial court framed seven issues. Both the parties led oral and documentary evidence. Trial court after considering the evidence on record, decreed the suit vide judgment dated 11.12.2008. Being aggrieved with the same, an appeal was preferred by the defendant, but the same was dismissed vide judgment and decree dated 19.01.2010. Hence, this second appeal has been preferred on behalf of the defendant.