POOJA CHAUHAN Vs. PRITAM LAL SHARMA

JUDGEMENT

(1.) The unsuccessful defendant who was ordered to vacate the suit premises in the suit for eviction filed by the plaintiff has come forward with the present second appeal.

(2.) The plaintiff has contended in the plaint that second floor of House No.7, Sector 16, Panchkula was let-out to the 1st defendant on a monthly rent of Rs. 2800/- excluding electricity and water charges w.e.f. 29.9.2003. A criminal case in FIR No.238 dated 2.5.2004, was registered as the defendants did not make payment and started creating nuisance. As the defendants did not prove themselves to be of good tenants, the plaintiff terminated their tenancy vide notice dated 8.10.2004, under Section 106 of the Transfer of Property Act. The plaintiff has sought for possession, recovery of arrears of rent and mesne profits.

(3.) The defendants resisted the suit contending that the civil Court has no jurisdiction to entertain and try the present suit, inasmuch as the defendants are entitled to the protection extended to the tenants under the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as 'the Act'). The defendants prayed for dismissal of the suit with costs.