SHYAM LAL Vs. SOHAN LAL

JUDGEMENT

(1.) THIS revision by the plaintiff -petitioner, is directed against the order of Munsif City, Jodhpur dated May 3, 1974 by which he decided issue No. 5 against the plaintiff and its favour of the defendant and directed him to pay ad valorem, court -fee on the market value of the house in dispute.

(2.) THE plaintiff and defend lot are father and son respectively. The plaintiff instituted a suit in the court of Munsif City, Jodhpur on August 28, 1969 stating that he owns a house near Hanuman -ji -ki Bhakri, Jodhpur, described in pura 1 of the plaint, that the defendant, with his family, started living in that house with his permission as licensee, that when the relations between the parties became strained, he served a notice dated August 22, 1967 through his counsel, asking the defendant to vacate the house within 15 days and that notice was delivered to him on August 24, 1967. He further stated that after the expiry of 15 days, the licence stood revoked. It was also stated that in the reply to that notice, the defendant raised certain irrelevant and baseless objections. He further stated that the defendant had started making alterations in the house and has fixed stone slabs (cheens) in the chowk without the permission of the plaintiff on July 18, 1969. It was prayed in the plaint that mandatory injunction may be issued against the defendant, directing him to vacate the house, described in para 1 of the plaint and further that he should be directed to restore status quo ante in regard to it.

(3.) BEING dissatisfied with the order of the learned Munsif dated May 3, 1974, plaintiff has come up in revision as aforesaid.