BADRINATH Vs. GAUSHALA TRUST SOCIETY

JUDGEMENT

(1.) This is defendant's regular second appeal challenging the judgment and decrees of the Courts below whereby the plaintiffs suit for possession by way of ejectment and recovery of rent has been decreed with costs.

(2.) As per averments made in the suit, the plaintiff-respondent filed a suit for ejectment of the appellant from the property in dispute i.e. shop bearing No. 56 forming part of a big building situated at Gaushala Spatu Road, Ambala City along with other property. It was further alleged that the appellant was a tenant at a monthly rent of Rs. 230/-per month and the tenancy was monthly and commencing from 1st of each calendar month. A rent note was executed by the defendant-appellant in favour of the plaintiff-respondent. He stopped paying rent from April, 1999 and a sum of Rs. 8,280/- was due from him on account of arrears of rent which he failed to pay. Thereafter, a notice dated 9.8.2002 under Section 106 of the Transfer of Property Act (for short the "Act") terminating the tenancy of the appellant was served upon him and he was asked to hand over the vacant possession of the shop in dispute. Hence, this suit.

(3.) Upon notice, the defendant-appellant appeared and filed written statement raising various preliminary objections. Ownership of the plaintiff-respondent was denied. It was further submitted by him that the plaintiff-respondent had filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, which is pending. On merits, it was stated that defendant-appellant was not a tenant under the plaintiff-respondent and the rent note, if any, was a forged document. The relationship of landlord and tenant between the parties was denied. Receipt of notice regarding termination of tenancy was admitted. It was further submitted that in view of the pendency of petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, the suit was not maintainable. Thus, denying the other allegations, dismissal of the suit was prayed for.