U.C. Dhyani, J. (Oral)

Present second appeal has been preferred by the defendant / appellant being aggrieved against the judgment and order dated 17.08.2015, passed by learned Addl. District Judge II, Haridwar, in Civil Appeal no. 95 of 2013, Nav Jyoti Society vs Karan Mesieh, whereby the civil appeal filed by the plaintiff / respondent was allowed and the judgment and decree dated 13.12.2013, passed by learned Civil Judge (Junior Division), Haridwar, in O.S. no. 316 of 2002 was partly decreed directing the defendant / appellant to handover vacant possession of the suit property to the plaintiff / respondent within thirty days.

2. Brief facts giving rise to the present second appeal are as follows:

(i) Original suit no. 316 of 2002 was filed by the plaintiff for granting the relief of recovery of possession against the defendant and for recovery damages at the rate of Rs. 2,000/- per month from the defendant in respect of the property in dispute, consisting of one room, one kitchen and one toilet situated at Jwalapur within the premises of St. Mary Senior Secondary School and Holy Family Church, Jwalapur, Tehsil and District Haridwar. Learned trial court framed seven