JUDGMENT :

Ved Prakash Vaish, J.

Heard Sri Mohd. Saeed-II, learned counsel for the appellant and Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Mohd. Aslam Khan, learned counsel for the respondents.

2. The appellant, by filing present second appeal under Section 100 of the Code of Civil Procedure (hereinafter referred to as "C.P.C."), assails the judgment and decree dated 19.05.2005 passed by learned District Judge, Unnao, in Civil Appeal No.37 of 2001, whereby the appeal filed by the appellant was dismissed.

3. The facts giving rise to the present appeal are that the appellant-plaintiff filed a suit for permanent injunction, bearing Regular Suit No.372 of 1999 titled as Sawwad Ali v. Rajesh Kumar and others, restraining the respondents-defendants from forcibly dispossessing him except in due process of law. The case of the appellant-plaintiff was that he is a tenant in a shop situated in Mohalla Naseemganj, Kasba Bangarmau, Tehsil Safipur, District Unnao, on a monthly rent of Rs.150/- since 1992, the appellant is carrying on business of repairing of motorcycles in the said shop; the disputed shop was constructed in the year 1981-1982, the appellant-plaintiff had taken the disput