GOBIND SAHAI Vs. NARAIN DASS

JUDGEMENT

(1.) This second appeal under section 100 of the Code of Civil Procedure has been filed by the defendant-tenant and is directed against the appellate order of the Additional Senior Subordinate Judge dated 2nd June, 1967 by which he maintained the decree of the trial Court dated 16th May, 1966 for eviction, but modified it in respect of recovery of compensation which he finally determined at Rs. 220.36 instead of Rs. 225.35 found by the Court of first instance.

(2.) The facts of the case lie in a narrow compass. There is a plot of land measuring about 200 square yards situated in a colony in Delhi-Shahdara. On 1st February, 1968, the plaintiffs let it out to the defendant for a period of II months at the rate of Rs. 20.00 per month under a rent note dated 3rd February, 1958 (Exhibit P-1) and it is the construction of the said rent note and whether what had been let out is premises within the meaning of the Rent Act, is the question which has arisen for determination in this appeal.

(3.) The plaintiffs served a notice of ejectment on the defendant-tenant and instituted a suit for eviction and recovery of damages for wrongful holding over in the Civil Court. The tenant-defendant contested the suit on the ground that under section 50 of the Rent Act, the Civil Court had no jurisdiction to entertain the suit as the property let out to him constituted the premises. It was also urged by the. defendant that there were previous proceedings between the parties where the plaintiffs filed a petition for eviction against him before the Rent Controller under the Rent Control Act. but it ended without any finding.