DEEPAK KUMAR Vs. RAGHUBIR SINGH
LAWS(UTN)-2013-3-81
HIGH COURT OF UTTARAKHAND
Decided on March 06,2013

DEEPAK KUMAR Appellant
VERSUS
RAGHUBIR SINGH Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) HEARD Ms. Anjali Noliyal, Advocate for the revisionist and Sri Bhupesh Kandpal, Advocate for the respondents.
(2.) THIS civil revision is directed against the judgment ad decree dated 11.2.2013 passed by 1st Addl. District Judge, Dehradun in SCC Suit No. 4/1999, Raghubir Singh Vs. Deepak Kumar, whereby the suit of the plaintiff was decreed for eviction and it was directed that the defendant shall hand over the possession of the disputed property to the plaintiff within 1 1/2 months and he will also pay Rs. 550/ - as damages to the plaintiff.
(3.) THE facts of the case in short are that the plaintiff had leased out shop No. 706 -D situated in Dakra Bazar Dehradun in favour of defendant on a monthly rent of Rs. 550/ - for the period 30 -9 -94 to 30 -9 -98. According to plaintiff the defendant did not vacate the shop after expiry of lease period and he has paid the rent upto 30 -9 -1998. The plaintiff served notice to the defendant but the defendant did not reply to it hence plaintiff filed the suit. During the pendency of suit Raghubir Singh had died and his legal heirs were substituted . The defendant filed written statement and admitted the rent of shop. He also admitted his occupation over the shop since 1.10.1989. He alleged that the plaintiff has already two shops in his possession in one shop he carries on the business of cosmetic and in another shop his son sells vegetables. He has paid the rent regularly and the landlord has no bonafide need of shop in dispute.;


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