BRIJ RAJ Vs. IBRAHIM

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against the judgment and decree dated 18/5/2016 passed by the Addl. District Judge, Merta, whereby, the judgment and decree dated 23/5/2009 passed by the Addl. Civil Judge (Jr.Div.) Merta has been upheld.

(2.) The respondent filed a suit for eviction and permanent injunction against the appellant inter alia with the averments that a plot of land situated near bus stand, Merta was let out to the appellant on 1/2/1983; the plot was taken on rent for establishment of 'Oil Ghana' ( ) i.e. for commercial purpose and the same was being used for the said purpose, however, the use has been changed to residential purpose. Further allegations were made alleging material alteration in the premises.

(3.) The suit was resisted by the appellant inter alia on the ground that the plot was taken on lease on 1/2/1983, through a registered document and as per the said lease deed the same could be used after raising construction as per the requirement and that the premises is being used as such. The allegation regarding material alteration was denied.