SAT PAL Vs. UMRAO SINGH

JUDGEMENT

(1.) BRIEF facts relating to this Regular Second Appeal are that Umrao Singh, respondent-plaintiff, filed a suit for possession against the appellant defendant with the averments that he had let out a plot of land 25 Karms x 15 Karms abutting on Ajnala-Amritsar road in the area of Ajnala, district Amritsar at the rate of Rs. 60/- per month with effect from August 1, 1967. The plaintiff served a notice to quit on September 24, 1983. The defendant having failed to vacate the plot, the aforesaid suit was filed.

(2.) THE suit was contested on the ground that the Civil Court had no jurisdiction in view of provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'), which, according to the defendant applied to the area in question.

(3.) THE learned trial Court framed the following issues :-" 1. Whether the suit is not maintainable in the present from? 2. Whether the plaintiff is estopped to file the suit by his own act and conduct? 3. Whether the suit is not properly valued for the purposes of Court fee and jurisdiction?