MEGH RAJ Vs. MOOLA RAM

JUDGEMENT

(1.) THE present second appeal filed by the appellant ­ plaintiff is directed against the judgment and decree dated 15.2.2012 of learned Additional District Judge, Sumerpur in Civil Appeal No.54/2010 ­ Moola Ram vs. Meghraj reversing the judgment and decree dated 20.11.2010 of learned Civil Judge (Jr.Division), Sumerpur in Civil Original Suit No.5/04 ­ Meghraj vs. Moola Ram for ejectment and arrears of rent in respect of suit premises ­ a shop situated at Municipality Road, Sumerpur. The suit was filed on 23.01.2004 and notice under Section 106 of the Transfer of Property Act terminating the lease was given on

(2.) 12.2003. 2. The controversy involved in the present second appeal is squarely covered by a decision of this Court in the case of Vipin Jain & anr. vs. Bhagwandas & ors. (S.B. 07th Civil First Appeal No.41/2010) decided on September, 2012, in which this Court held as under:

(3.) CONSEQUENTLY , on this short question alone, the present appeal of the plaintiff - landlord is liable to be allowed and the same is accordingly allowed and the impugned judgment and decree of the learned court below dated 15.02.2012 is set aside and eviction decree dated 20.11.2010 of the trial court is restored and the defendant-tenant is directed to hand over the peaceful and vacant possession of the suit premises within one year from today.