Oak, J. - (1.) THIS special appeal arises out of a suit for ejectment and damages. Shiv Nath brought the suit against Ram Bharosey Lal in the Court of the Munsif of Moradabad on these allegations.
(2.) THE plaintiff is the owner of a certain shop situate in the city of Moradabad. Baldeo Das was the tenant of this shop on a monthly rait of Rs. 10. Baldev Das is dead. Ram Bharosey Lal, defendant is his son. He continued to occupy the shop after his father's death. Defendant's occupation is unlawful. The plaintiff served upon the defendant a notice to quit. But he did not vacate the shop. In fixing a certain machine in the shop, the defendant caused substantial damage to the building. The defendant has wilfully caused a nuisance by fixing this machine in the shop. The plaintiff, therefore, brought the suit for the defendant's ejectment from the shop and to recover a sum of Rs. 60 as damages for use and occupation of the shop. The defendant admitted that he was in possession of the shop. But it was denied that the occupation was unlawful. The defendant pleaded that he was in possession as plaintiff's tenant. It was denied that the defendant received a valid notice to quit. It was denied that the defendant created any nuisance, or caused substantial damage to the building. It was denied that the defendant is liable to ejectment.
(3.) THE learned Munsif held that the charges of nuisance and substantial damage to the building have not been proved. The Court held that the defendant received a valid notice to quit. The Court accepted the plaintiffs case that occupation of the shop by the defendant was unlawful. The Court, therefore, passed in plaintiffs favour a decree for ejectment from the shop, for the recovery of Rs. 60 for damages up to the date of the suit, and for future damages at the rate of Rs. 10 per mensem.;