KULDIP KUMAR Vs. HUKAM CHAND

JUDGEMENT

(1.) THE plaintiffs have come up in second appeal against the judgment and decree of the first appellate Court partially reversing on appeal those of the trial Judge and dismissing the suit for possession of the shop in dispute.

(2.) THE facts :- Appellant No. 1/plaintiff No. 1 filed a suit for recovery of the possession of the shop and for mesne profits on the ground that he became the owner of the shop in a family partition. His father/plaintiff No. 2/appellant No. 2 rented out the shop to the defendant on 23.5.1972 at the rate of Rs. 30/- per month exclusive of house-tax. The construction of the shop was completed after March 31, 1962 and the provisions of the Haryana Control of Rent and Eviction Act, 1973 (for short 'the Act') were not applicable and the suit in the civil Court for recovery of possession of the shop was maintainable. The trial Judge decreed the suit for recovery of possession and also for arrears of rent. On appeal by the tenant, the first appellate Court reversed the decree of trial Judge to the extent it had passed a decree for possession with regard to the shop in dispute and in all other respects the decree of the trial Judge was maintained. The plaintiffs have come up in second appeal against the decree of the first appellate Court whereby the relief of possession regarding the shop in dispute was declined.