DHRUV CHATURVEDI Vs. ARYA SAMAJ AND ORS.

JUDGEMENT

(1.) THIS second appeal under Section 100 CPC has been filed against the judgment and decree dated 3.1.2012 passed by Additional District Judge No. 1, Bundi in Civil First Appeal No. 65/2011 whereby the appellate court has affirmed the decree of the trial court dated 30.1.2003 passed by Civil Judge (J.D.), Bundi in Civil Suit No. 370/92 by which suit for eviction and arrears of rent has been decreed against the present appellant.

(2.) THE short facts of the case are that plaintiffs respondent filed a suit for eviction and arrears of rent that he is owner of the land and land has been rented to the appellant. The contention of the appellant was that he himself has constructed the shop and land belongs to Municipal Board, there is no sell or lease deed in favour of plaintiffs, the municipality is taking steps for recovery and penalty from the appellant. The learned trial court decreed the suit and appeal has also been dismissed, hence this appeal. The contention of the appellant is that respondents are not the owner of the land, he had never paid rent to the respondents, no notice for demand of rent has been served upon him, incomplete document Ex. 1 has been relied upon by courts below which has not been proved by the evidence of the plaintiffs, it does not contain the signature of the appellant as per requirement of Ex. 1, stamp deed has never been executed. He had not rendered any account of construction to the respondent. Court below has not appreciated the evidence in right perspective. The findings are per verse. His documents Ex. A/4 and A/5 has not been considered so also his oral evidence D.W./2 Israeil, D.W./3 Jagannath, D.W./4 Chittarlal, D.W./5 Shabbir Ahmed and D.W./6 Gul Mohd., has not been discussed, hence the findings of the court below is liable to be set aside.

(3.) HEARD the learned counsel for the parties and perused the judgments and decree under appeal so also the original record of the case.