- (1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 09.11.2004 passed by Additional District Judge No. 2, Sri Ganganagar, whereby, judgment and decree dated 14.09.1998 passed by Civil Judge (Junior Division), Sri Ganganagar has been upheld.
(2.) The facts giving rise to the present appeal may be summarized thus : the plaintiff-appellant filed a suit for permanent and mandatory injunction for removal of wall said to have been constructed unauthorizedly by the defendant; it was claimed that the plaintiff-appellant was owner of house No. 628, 4th Block, Purani Abadi, Sri Ganganagar, which was purchased by him by a registered sale deed dated 26.02.1958; it was claimed that plaintiff had constructed nine rooms, out of which, room No. 9 was in the tenancy of defendant-respondent @ Rs.12/- per month; the respondent had paid rent upto July, 1977 and started raising construction of the disputed wall on 14.08.1977, which led to criminal proceedings, wherein, the plaintiff was acquitted.
(3.) A written statement was filed by the defendant, inter alia, claiming that he was not bound by registered sale deed and claimed the same to be fabricated; the factum of tenancy was denied and it was claimed that the room was constructed by him after taking a part of loan from plaintiff and amount of Rs.12/- per month was not the rent of the premises, but the same was installment of the loan; it was claimed that no Patta has been issued regarding the disputed premises by the Municipal Council, Sri Ganganagar in favour of appellant-plaintiff and, therefore, he was not entitled to file the suit.;