Vineet Kothari, J. - (1.) HEARD learned Counsels.
(2.) THIS revision petition has been filed by the plaintiff Lala Ram being aggrieved by the judgment and decree of the learned trial Court dt. 06.03.1995 whereby the learned trial Court rejected the suit filed by the plaintiff petitioner under Section 6 of the Specific Relief Act. The plaintiff -petitioner Lala Ram claimed that he was tenant of the suit shop at Bheru Ghat, Pali of the defendant Dhalji and others, who forcibly dispossessed him from the suit shop at about 8.00 PM in the night of 28.07.1979 and, therefore, he was liable to be put back in possession under Section 6 of the Specific Relief Act. The defendant on the other hand claimed that the suit shop was given on rent to the plaintiff Lala Ram on 07.11.1970 at monthly rent of Rs. 10/ - which was later increased to Rs. 12/ - per month but since his business was not running very well, the tenant voluntarily handed over the vacant possession of the suit shop to the defendant on 14.01.1979 on the day of Makar Sakranti and when they approached him again on 28.07.1979 for payment of arrears of rent, he set up the story of forcible dispossession of him and also lodged an FIR at Police Station on next day 29.07.1979 to avoid the payment of rent and seek repossession of the suit shop.
(3.) THE learned trial Court by the impugned judgment dt. 06.03.1995 dismissed the suit filed by the plaintiff -petitioner Lala Ram finding inter alia that the plaintiff had voluntarily handed over the vacant possession of the suit shop to the defendant on 14.01.1979 and had failed to prove that he was in possession of the suit shop after the said date 14.01.1979 until 28.07.1979 and the photographs of forcible possession of 29.07.1979 were not proved by the plaintiff -petitioner and, therefore, the plaintiff could not be said to have been forcibly dispossessed from the said suit shop in question and, therefore, was not entitled to a decree of repossession under Section 6 of the Specific Relief Act. The learned trial Court, therefore, dismissed the suit of the plaintiff.;