NARINDER KUMAR SHARMA Vs. KAILASH WANTI

JUDGEMENT

(1.) Smt. Kailash Wanti and her two sons constructed Shop-cum- Office No. 2477-78 in Sector 22-C, Chandigarh, for which they got sewerage connection on 14-7-1977. On 1-8-1977, half portion of the ground-floor was let out by them to Narinder Kumar Sharma at a monthly rent of Rs. 1,100. On 20-5.1980, the landlords got a registered A. D. notice issued to the tenant through their Advocate under section 106 of the Transfer of Property Act (hereinafter referred to as the Act) for terminating the tenancy which was from month to month. The registered cover as also the A. D. receipt were properly addressed as follows:-

(2.) On the contest of the parties, the following issues were framed :

(3.) After evidence was led by both the sides, vide judgment and decree dated 29-4-1982, the learned trial Judge decreed the suit for ejectment and also passed a decree for recovery of Rs. 4,400 towards arrears of rent etc. after finding under issue No. 1 that notice under section 106 of the Act was duly served on the tenant and that there was no merit in the preliminary objection No. 1; issue No. 2 was decided in favour of the plaintiffs as it was found that sewerage connection was given on 14-7-1977 and, therefore, the provisions of the East Punjab Urban Rent Restriction Act (as applicable to Chandigarh by virtue of Central Act No. 54 of 1974) were not applicable to the building in dispute, and the same stood exempted from its operation when the notice was served and when the suit was filed. Therefore, the ejectment order could be passed by the civil Court. Since no point arises in appeal regarding issues Nos. 3 and 4, the findings on these issues are not being noticed. This is tenant's first appeal.