L.N.MITTAL, J. - (1.) FOR reasons mentioned in the application which is accompanied by affidavit, delay of 20 days in filing the appeal is condoned. The application stands allowed accordingly. CM No. 14880.C of 2010 Allowed as prayed for. RSA No. 5060 of 2010 Defendant Rai Singh having lost in both the courts below has filed this second appeal.
(2.) RESPONDENTS/plaintiffs Shish Ram etc. filed suit for ejectment of the defendant-appellant from demised shop situated in village Bhankli and for recovery of Rs. 4400/- as arrears of rent for 8 months since October, 2005 till May, 2006 alleging that the plaintiffs rented out the demised shop to the defendant at Rs. 550/- per month rent but the defendant had not paid rent since October, 2005. His tenancy was terminated by serving notice. The defendant denied having taken the demised shop on rent. Defendant pleaded that plaintiffs' grand-father Ramnath has orally mortgaged the disputed shop with possession with defendant for Rs. 20,000/- which was paid to the mortgagor. It was agreed that interest on the mortgage amount would be equal to the rent of the shop. Relationship of landlord and tenant between the parties was denied. Various other pleas were also raised.
(3.) LEARNED Additional Civil Judge (Senior Division), Kosli vide judgment and decree dated 6.8.2008 decreed the plaintiffs' suit for vacant possession of the demised shop by ejectment of defendant and also for recovery of Rs. 4400/- as arrears of rent with future interest thereon @ 6% per annum from the date of decree till recovery. Defendant was also directed to pay Rs. 550/- per month as mesne profits of the demised shop since April, 2006 till delivery of possession of the demised shop.;