RAJENDRA PRASAD GUPTA Vs. KRISHAN MURARI LAL
LAWS(ALL)-1971-8-13
HIGH COURT OF ALLAHABAD
Decided on August 12,1971

RAJENDRA PRASAD GUPTA Appellant
VERSUS
KRISHAN MURARI LAL Respondents

JUDGEMENT

- (1.) THIS is a defendant's second civil appeal directed against the judgment and decree of the Additional District Judge, Meerut.
(2.) THE plaintiff-respondent filed a suit for possession of an enclosure spe cified in the plaint claiming arrears of rent and mesne profits for use and occu pation till the date of delivery of pos session. According to the plaintiff the defendant-appellant under a deed of agreement which is Ext. 3 on record, was occupying the premises in suit on monthly rent of Rs.100/-. The lease according to him was for a period of one year only and on expiry of one year's period on 11-4-1965, his status became that of a tenant from month to month and he was liable to ejectment after his tenancy was determined by no tice dated 20th April, 1966. The evic tion was also claimed on the ground of forfeiture for breach of a term of the agreement. The claim of the ejectment on the ground of forfeiture, however, was subsequently abandoned.
(3.) THE appellant pleaded that on a correct interpretation of the document Ext. 3, he acquired rights of permanent licensee over the land in dispute and even if his status was that of a lessee, then also under the terms of the afore said agreement he was entitled to retain the possession of the premises so long as he continued to pay the rent.;


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