DINESH KUMAR Vs. CHANDER KALA

JUDGEMENT

(1.) Appellant/Tenant/Defendant No. 1 Dinesh Kumar is in second appeal against the judgment of reversal, whereby respondent No. 1 landlord Chander Kala's suit for ejectment by way of possession of shop No. 3 was decreed by the learned Additional District Judge, Bhiwani vide its judgment and decree dated 1.12.2005, thereby reversing the findings returned by learned Additional Civil Judge (Senior Division), Bhiwani vide judgment and decree dated 30.08.2000. In brief, the facts of the case are that plaintiff had filed a suit for ejectment of the defendants from the shop situated in Bhiwani by alleging that the same was constructed in the year 1989 and was let out to defendants on 3.2.1993 on a monthly rent of Rs. 2250/- inclusive of taxes. Since the defendants did not pay rent from 1.12.1994 to 31.10.1996, thus a notice under Section 106 of the Transfer of Property Act was served upon them for termination of their tenancy. Since the defendants did not vacate the premises, present suit was filed.

(2.) Upon notice, joint written statement was filed by both tenants/defendants whereby it was inter alia contended that the suit itself is not maintainable and the civil court has no jurisdiction to try the suit as the property is more than 10 years old. On merits, relationship was admitted and it was further stated that they had been regularly paying the rent to the plaintiff/respondent No. 1 and no notice under Section 106 of the Transfer of Property Act was ever served upon them.

(3.) Replication was filed wherein the entire contents of plaint were reiterated and those of the written statement were denied.