ANAND PRAKASH MALIK Vs. BHAGWANDAS

JUDGEMENT

(1.) Respondent filed a Civil Suit under the general law for eviction of the appellant from shop No. 652/W-3 situate at Panipat and for recovery of Rs. 330/- as compensation for use and occupation from January 14, 1976 to March 13, 1976, besides a sum of Rs. 134.06 ps. as house tax and Rs. 15.94 ps. as notice expenses.

(2.) According to the case set up by the landlord in the plaint after the demised premises were vacated by an earlier tenant, Bhagwan Singh, he reconstructed the shop after getting sanction from the Municipal Committee, Panipat. The construction was completed in December, 1968. The appellant-tenant took the premises on rent for a period of 11 months with effect from 14-2-1975 @ Rs. 165/- per month plus house tax after executing a rent note dated 14-2-1975.

(3.) After the expiry of the period of 11 months, the tenancy stood determined by efflux of time and the tenant who did not vacate was holding over the property in suit as a tenant-in-sufferance. It was pleaded that a valid notice under Section 106 of the Transfer of Property Act was issued to the tenant but despite that he did not vacate the premises. A specific plea was raised by the landlord to the effect that provisions of the Haryana Act No. 11 of 1973 were not attracted and suit under the General law was competent.