L.N.MITTAL,J - (1.) DEFENDANTS -Municipal Corporation, Faridabad and its Joint Commissioner having failed in both the courts below have filed this second appeal.
(2.) RESPONDENT -plaintiff Uday Kant filed suit against defendant/appellants. Facts in this case are not very much in dispute. Plaintiff is holder of L-2 license for sale of liquor through liquor vend. For establishing the liquor vend, the plaintiff took on rent the disputed site measuring 10' x 20' from the defendants for the period 01.04.2008 to 31.03.2009 on payment of Rs.6,15,780.00 as rent. The plaintiff placed his khokha on the said site for running the liquor vend.RSA No.5266 of 2012 (O&M) 2 Defendants served notice on 17.06.2008 on the plaintiff demanding additional amount of Rs.8,84,220.00 from the plaintiff and also requiring him to reduce the size of his khokha to 10' x 15'. The said demands of the defendants have been challenged in the suit. The defendants justified the aforesaid demands alleging that the same had been made in accordance with policy framed by the defendants. It was pleaded that allotment of the disputed site to plaintiff was temporary on provisional rates of Teh-Bazari and the terms and conditions were to be settled later on.
(3.) COURTS below have decreed the plaintiff's suit restraining the defendants from effecting recovery of the additional amount of Rs.8,84,220.00 from the plaintiff. Feeling aggrieved, defendants have filed this second appeal. I have heard counsel for the appellants and perused the case file.;