Rajiv Sharma, Judge.

This Regular Second Appeal is directed against the judgment and decree dated 11.11.2004 rendered by the learned District Judge, Shimla in Civil Appeal No.52-S/13 of 2002.

2. “Key facts” of the case are that appellant-plaintiff (hereinafter referred to as the “plaintiff” for convenience sake) filed a suit for permanent prohibitory injunction against the respondent-defendant (hereinafter referred to as the “defendant” for convenience sake). It is not disputed that the plaintiff-Board has leased a plot measuring 67 square yards comprising of Khasra No. 184 old in favour of the defendant on 27.12.1983 at the monthly rent of ` 35/-. The lease deed was made for a period of 11 months for the purpose of his residence by erecting a temporary shed. However, defendant started illegal and unauthorized construction of a pucca house on the leased plot without any regularization of his tenancy and also without getting ‘no objection certificate’ from the plaintiff Board. Defendant was also alleged to have not got approved the plan from the Town and Country Planning Department and Municipal Corporation, Shimla. According to the plaintiff, act of the defendant of raising