AZAD KHAN Vs. RIYAJUDDIN

JUDGEMENT

(1.) The second appeal arises against a judgment and decree of the appellate court dated 28.11.2016 passed by the Additional District Judge/ Special Judge (SC/ST Act), Kanpur Nagar, dismissing the appeal and confirming the judgment and decree of the trial court dated 16.2.2016 passed by the Civil Judge (Junior Division) Kanpur Nagar.

(2.) The respondent-plaintiff filed a suit for permanent injunction to restrain the defendants from interfering in possession of his House No. 132 of 552, Babupurwa, Kanpur (suit property).

(3.) The plaintiff's case is that he is the tenant in the suit property in portion comprising one room, courtyard and varandah at the rate of Rs. 40 per month. Previously, his father had taken the said accommodation on rent 85 years back. He lived in the said suit property in his life time and after his death the plaintiff is in possession of the said accommodation. He instituted the suit to restrain the landlord from evicting him and he may not cause any interference in his possession.