PREM SINGH Vs. MOHAR SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by learned District Judge, Kullu, in Civil Appeal No.60 of 2009, dated 18.11.2010.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the respondent/plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) has filed a suit against the appellant/defendant (hereinafter referred to as "the defendant" for convenience sake) seeking mandatory injunction to direct the defendant to give shop measuring 11x15 feet depicted by letters ABCHEF situate at Beasa Mor, Akhara Bazaar, Kullu to him on rent. According to the plaintiff, the defendant was owner in possession of one building situate at Beasa Mor, Kullu. In the year 1998, one shop measuring 25x9 feet in length and breadth was rented out to him by the defendant on payment of "1600/- per month. On 9.12.2005, the defendant requested him to vacate the said shop for re- construction of a new shop and assured the plaintiff that after construction of new shop, he will again rent out the same shop to him. Agreement was also executed between the parties on 9.12.2005. However, the defendant did not rent out the shop to plaintiff as per agreement dated 9.12.2005. He requested the defendant to rent the shop to him to enable him to run his cloth business.

(3.) REPLICATION was filed by the plaintiff. Issues were framed by the learned trial Court on 16.3.2007. An additional issue was also framed by the trial Court on 18.3.2009. The learned Civil Judge (Junior Division), Manali, camp at Kullu decreed the suit of plaintiff on 14.10.2009. The defendant preferred an appeal before the learned District Judge, Kullu. He dismissed the same on 18.11.2010. Hence, this regular second appeal against the judgment and decree dated 18.11.2010 passed by the learned District Judge Kullu in Civil Appeal No.60 of 2009.