DHARAM CHAND MITTAL Vs. VANISH KUMAR

JUDGEMENT

(1.) THIS is defendant's Regular Second Appeal against the judgment of the Additional District Judge, Ambala dated 4-5-1988 whereby the appeal filed by him against the judgment and decree of Sub Judge dated 16-10-1986 was dismissed.

(2.) VANISH Kumar, landlord of the tenanted premises filed a suit on 25-1-1982 for possession of the premises in dispute and also for recovery of Rs. 650 00 as arrears of rent etc. for the period 1-10 1981 to 30-11-1981. It was the case of the plaintiff that shop in question had been constructed in the year 1978, and since the period of 10 years had not elapsed from the completion of the construction, the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 are not applicable to the premises in dispute.

(3.) DEFENDANT put in appearance filed written statement and took up objections to the effect that the Civil Court has got no jurisdiction to try the suit. The suit is not maintainable in the present form, suit is bad for non-joinder of parties and that premises in question were completed much prior to the enforcement of the Haryana Urban (Control of Rent and Eviction) Act, 1973. On the pleadings of the parties, the following issues were framed :