LEKH RAJ Vs. ASHOK KUMAR SUD

JUDGEMENT

(1.) Firm Ashok Kumar Sud Brothers, landlord, filed a suit for ejectment of its tenant Lekh Raj from Shop-cum-Office No. 28, Sector 11-D, Chandigarh, on 7-12-1973, after terminating his tenancy by issue of notice under section 106 of the Transfer of Property Act (hereinafter referred to as the Act) and for the recovery of arrears. It was pleaded that sewerage connection was given on 3-10-1969 and, therefore the building was exempt for a period of five years from the applicability of the East Punjab Urban Rent Restriction Act, 1949 (as applicable to Chandigarh). The suit was contested on various pleas and on the contest of the parties, the following issues were framed :

(2.) After the evidence was led, the trial Court found under issue No. 1 that the premises in dispute were exempt from the operation of the Act, under issue No. 2 it was found that the relationship of landlord and tenant existed between the parties, under issue No. 3 it was found that valid notice for terminating the tenancy had been served on the tenant, under issue No. 4 it was found that rent amounting to Rs. 2,400 was due from 1-6-1973 to 30-11- 1973, under issue No. 5 it was found that the plaint had been properly signed and verified by the Karta of the firm through whom the tenancy was created and consequently, by judgment and decree dated 12-10-1976, the suit for ejectment and for recovery of Rs. 2,400 was decreed with costs. Suit for recovery of future damages at the rate of Rs. 400 per month was also decreed with effect from 1-12-1973, till the date of vacation of the premises. This is tenant's first appeal.

(3.) At the outset it must he noticed that Shri D.V. Sehgal, Advocate, appearing for the tenant, only concentrated his argument on issue No. 1 and raised no arguments on issues 2 to 5. Since findings on issues 2 to 5 are not contested before me, they are upheld.