OM PARKASH Vs. J K MEHTA

JUDGEMENT

(1.) DR. J. K. Mehta, filed a suit on 14-2-1984 for ejectment against Om Parkash tenant on the pleas that the shop was constructed in the year 1977 and was let out to Om Parkash vide rent note dated 3-9-1977 with effect from 1-8-977, and the Haryana Urban (Control of Rent and Eviction) Act 1973 (hereinafter referred to as the Act) was not applicable to the premises in dispute for a period of 10 years from the date of construction. Before filing the suit a notice under Section 106 of the Transfer of Property Act, terminating the tenancy was served on the tenant. In the suit, Som Parkash, brother of the tenant and another person were impleaded as defendants as sub-tenants.

(2.) IN the original written statements filed by he defendents, it was inter alia pleaded that all the defendants were tenants denied that the shop was constructed in the year 1977 denied that the Civil Court bed jurisdiction to try the suit and pleaded that the Civil Court had no jurisdiction in view of the Act.

(3.) THE trial Court by judgment and decree dated 27-7-1987 dismissed the suit only on the findings that 10 years had elapsed during the pendency of the suit and after expiry of 10 years. Civil Court had no jurisdiction to adjudicate into the matter and the same has to be decided under the Act.