MANGI LAL Vs. SAPPU

JUDGEMENT

(1.) This second appeal under Section 100 CPC has been filed against the judgment and decree dated 20.8.2004 passed by Additional District Judge, Ramganjmandi Distt. Kota in Civil Appeal No. 1/2002 whereby the judgment and decree dated 20.4.2001 passed by Civil Judge (L.D.) Ramganjmandi in Civil Suit No. 33/1994 for permanent injunction has been reversed by the appellate court and the suit has been dismissed.

(2.) The brief facts of the case are that plaintiff appellant filed a suit for permanent injunction against the defendant on the ground that he is the tenant in the disputed shop and he is paying regular rent to the defendant, he cannot be evicted from the premises without due process of law. Per contra, the contention of the respondent before the court below was that he is only a licencee and court below has decreed the suit that the appellant should not be evicted from the premises without due process of law. The findings have been reversed by the appellate court and it was held that the appellant is only a trespasser in the property, hence this appeal.

(3.) The contention of the appellant is that appellate court has wrongly reversed the findings of court below. It was amply proved by the evidence of the plaintiff that he is tenant in the premises, the appellate court has misread the evidence and the findings are per verse.