- (1.) Heard learned Counsel for the appellants. This is the defendants' second appeal arising out of a suit filed by the plaintiff as Suit No. 1234 of 1995. The facts, as stated in the plaint, are that Suit No. 1234 of 1995 has been filed by the plaintiff Shiv Mandir with a prayer that a decree of permanent injunction be granted against the defendants to handover the possession of the disputed land. Further, a prayer has also been made in the plaint that defendants be directed to make payment of Rs. 555/- as rent for the period 1.1.1993 to 7.10.1993 and to make payment of Rs. 1520/- as rent for the period 8.10.1993 to 20.11.1995.
(2.) It was stated that the defendant is the tenant of the plaintiff in the disputed property for Rs. 60/- per month. Without taking consent of the plaintiff, a construction has been made by the defendant on the rented area and has constructed two tin sheds and one kacha kotha. A legal notice was sent to the defendant for non-payment of rent, however, it was not paid, Hence, the cause of action arose for filing the suit.
(3.) The Trial Court framed various issues on the basis of oral and documentary evidence. The plaintiff has relied on the judgment in Original Suit No. 730 of 1993, filed by the defendant against the plaintiff. However, in the year 1995, when the present suit was filed Nagar Panchayat, Loni, issued a notice to the defendant stating therein that the land on which he had built his shop belonged to the Nagar Panchayat. This shows that the land of which plaintiff was claiming his ownership actually belonged to the Nagar Panchayat, which has not been made a party to the present suit. Moreover, statements of P.W. 1 reveal that he has no idea as to whom the suit property belongs. After recording such findings, the Trial Court dismissed the suit vide judgment and order dated 24.11.2009.;