MOHAN LAL Vs. SHYAM SUNDER

JUDGEMENT

(1.) THIS is plaintiff's second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 28/1/2005 passed by Additional District Judge no. 1, Alwar whereby the appeal filed by the respondentdefendant has been allowed and the judgment and decree dated 24/10/2002 passed by Additional Civil Judge (Senior Division), alwar in Civil Suit No. 116/2002, by which the suit of the appellant-plaintiff was decreed, has been set aside.

(2.) THE controversy involved in the present matter in nut shell is that appellant-plaintiff claims his possession over the disputed land as a licensee of the Municipal Board, Alwar and his case is that according to the judgment dated 29/9/1982 also the disputed land is a part of the rented premises, which is in his possession and therefore he cannot be dispossessed without due process of law. The defendant failed to file any written statement.

(3.) THE trial court after recording the evidence and hearing the parties decree the suit of the plaintiff but in appeal preferred by the respondent-defendant the first appellate court set aside the judgment and decree of the trial court. Hence, this second appeal by the appellant-plaintiff.