The petitioners herein are the defendants in Original Suit No. 1173 of 2012. The plaintiff/respondent has sought relief of possession with regard to ground floor, first floor, second floor and basement of the Premises No. 119/113, Bamba Road, Darshanpurwa, Kanpur Nagar (which shall be described as 'suit property' hereinafter). The plaint case is that the plaintiff was original owner of the suit property and had raised constructions of the basement, ground, first and second floors of the same and was in possession thereof. In the course of time, the plaintiff had executed a sale-deed in favour of the defendants for the constructions on the ground,first and second floors of the suit property leaving go-down in the basement which was used by him. It was, however, agreed between the parties that the plaintiff shall continue to use the ground, first and second floors of the suit property on payment of Rs. 3,000/- per month as rent and will continue in occupation of the basement as owner. On 13.5.2012, the defendants had illegally thrown away the plaintiff from the suit property by removing his goods from the suit property. Thus, the plaintiff has prayed for decree of restoration of possession being tenant in occupation of the ground, first and second floor of the suit property and owner for basement of the suit property. The suit was valued by the plaintiff in two parts namely for the portion on the ground, first and second floor, it was valued at Rs. 36,000/- (on the annual rental value of the same) and for the basement Rs. 20,000/- as per own assessment of the plaintiff, and the court fee was paid separately for the relief of restoration of possession with respect to the said suit properties.
