HAFEEZ Vs. DIGVIJAY SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel appearing for the respondents.

(2.) Present petition has been filed for setting aside the judgment and decree dated 22.1.2020 passed by the Additional District Judge, Court No. 3, Jhansi in SCC Revision No. 17 of 2019 as well as judgment and decree dated 8.4.2019 passed by the Judge Small Causes Court, Jhansi in SCC Suit No. 10 of 2009.

(3.) Shorn of details, the facts of the case in brief are that the suit was filed by the plaintiff on the ground that they are the owner of House No. 646, Mohalla Thakuryana, Puliya No. 9, Jhansi. Reference was made to earlier litigation in regard to the same property. It is alleged that the house was very old, which consisted four rooms, one kitchen, latrine and courtyard. The default in making payment of rent was also claimed. It was alleged that the house was demolished by the tenant on 20.11.2008 and when the defendants tried to raise constructions, injunction suit was filed by the plaintiff, wherein interim order was granted in favour of the plaintiff. A notice was issued to the tenant, which was replied by the tenant. Thereafter, when the rent was not paid and the property was not vacated the suit was filed. The suit was contested by the tenant mainly on the ground that the house was very old and in the last rains substantial part of the house had fallen down and was not left in liveable condition. Therefore, he obtained oral permission from the plaintiffs and Mahendra Singh, who permitted tenants to raise construction and with this permission two khaprail roofed rooms were made at the same place and no demolition or material alteration was done by the tenant and that no rent is due.