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HIGH COURT OF HIMACHAL PRADESH
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
GAMA RAM – Appellant
Versus
TARA DUTT – Respondent


J U D G M E N T

Caveat Pet. No.100 of 2022 Discharged.

The caveat petition stands disposed of.

The plaintiff’s suit for ejectment of the defendant from the suit property has been concurrently decreed by both the learned Courts below. Dissatisfied, the defendant has preferred the instant regular second appeal against the judgments and decrees passed by the learned Courts below. The parties hereinafter are referred to as they were before the learned trial Court.

2. The suit was filed by the plaintiff against the defendant for ejectment from two storeys out of a three storeyed building situated on the land bearing Khasra No.220/212/5 situated in village Shalaghat, Tehsil Kandaghat, District Solan, H.P. The plaintiff pleaded that he was owner of this building. Vide agreement dated 01.10.2010, executed by him through his son and general power of attorney, with the defendant, he had rented out two storeys of the building to the defendant on monthly rental of Rs.9000/- for a period of 11 months commencing from 01.11.2010. As per the agreement, the defendant’s tenancy had come to an end on 30.09.2011. The defendant did not vacate the premises after 30.09.2011 despite several requests made by

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