HARKESH CHAND Vs. KRISHAN GOPAL MEHTA

JUDGEMENT

(1.) This is a tenant's appeal. In the impugned judgment, the High Court directed the tenant to be evicted. The Trial Court dismissed the suit for eviction filed by the respondent-landlord. The First Appellate Court dismissed the landlord's appeal. In the Second Appeal, the High Court reversed the concurrent findings of both the courts below.

(2.) The tenancy is in respect to a small shop situated in a rural area in the village of Daishwala, Doiwala Town, located in the Dehradun district of Uttarakhand. On the 19th of September, 1972, the landlord issued a notice terminating the tenancy of the shop under Section 106 of the Transfer of Property Act, 1882, and demanded the possession of the shop.

(3.) The landlord filed the present suit for eviction on the 1st of October 1972. The Court of Civil Judge (Junior Division), Dehradun dismissed Small Cause Case No.85 of 1972 with costs. The Trial Court held that even though The United Provinces (Temporary) Control of Rent and Eviction Act, 1947 (U.P. Act No. III of 1947) hereinafter referred to as "the Act of 1947" had been repealed by the aforementioned date and replaced by a new rent act<SUP>[1]</SUP>hereinafter referred to as "the Act of 1972" which was brought into force on the 15th of July, 1972, the old act applied to the suit property.