Pramod Kumar Srivastava, J. - (1.) Original Suit No. 82/1996 M/S Leelapat Mangatram Navin Mandi Sthal & Another v. U.P. Krishi Utpadan Mandi Samiti was dismissed by the judgment dated 28.07.2012 passed by Additional Civil Judge (S.D.) Court No.-5, Meerut. Against this judgment, Civil Appeal no. 203/012 M/S Leelapat Mangatram Navin Mandi Sthal & Another v. U.P. Krishi Utpadan Mandi Samiti was preferred which was dismissed by Additional District Judge, Court No.-7 Meerut. Against these two judgments, plaintiffs of the original suit had preferred present second appeal.
(2.) Original suit was filed for following reliefs:- JUDGEMENT_218_LAWS(ALL)11_2015.jpg
(3.) After accepting written statement from the defendant, the trial court had framed issues, accepted evidences of the parties and thereafter passed the judgment dated 28.07.2012 by which suit was dismissed with the finding that the rate of rent of disputed shop, in which plaintiff is tenant of defendant, is Rs. 920/- per month,and that the plaintiffs had failed to prove its plaint case of lesser rate of rent. In first appeal, this finding of trial court was confirmed. The first appellate court had appreciated the facts, circumstances, evidences and thereafter gave finding that at the time of entering into agreement of tenancy, the plaintiff had executed agreement in which rate of monthly rent was agreed between the parties to be Rs. 920/- per month. The first appellate court had also given finding of fact that this plaint case is not proved that defendant/respondent cannot enhance the rent. The finding was that the admitted rent of disputed shop is Rs. 920/- per month. On the basis of these findings, first appellate court had dismissed the first appeal by its judgment dated 21.07.2015.;