VED PRAKASH Vs. VIJENDRA KUMAR RAMPURIA

JUDGEMENT

(1.) The present Execution First Appeal under Section 96 of the Code of Civil Procedure, 1908 emanates from the judgment dated 19.7.2018, passed by the learned Addl. District Judge, Sujangarh (hereinafter referred to as 'the learned trial Court or learned Court below'), whereby he has rejected the objections filed by the appellant in Execution Case No.33/2011.

(2.) The facts within the precincts of the questions and grounds raised in the present appeal are that the plaintiff Vijendra Kumar (respondent herein) owns a shop (shop No.4) situated on the ground floor of his residential house. It is admitted case of both the parties that the subject shop was let out by the plaintiff to Dungarmal, father of the appellant and respondent no.2 herein.

(3.) The plaintiff-respondent no.1 filed a suit against defendant- respondent No.2 herein, indicating inter alia that the subject shop had been let out to defendant's father Dungarmal for a monthly rent of Rs.225/-; the rent was later increased to Rs.236/-; the tenancy was month to month tenancy; after death of Dungarmal in the year 2005, the shop remained closed for some time; and his son Laxmipat Prajapat (respondent no.2 herein) thereafter started liquor business in partnership with one Ashok Kumar Guleriya and in this process he obtained a written consent from him on 11.4.2007.