ISHWAR SINGH PUNIA Vs. ATMA RAM MITTAL

JUDGEMENT

(1.) THE defendant has come up in second appeal. A few facts may be noted.

(2.) ATMA Ram, plaintiff-respondent, purchased a plot in Raj Guru Market, Hissar. It is averred that a shop was constructed in June, 1974. Vide rent note dated December 22, 1978 the shop was let out to Ishwar Singh Punia, the defendant-appellant for the period from November 1, 1978 to March 31, 1979. It was averred that the shop in dispute having been constructed in June, 1974, was exempted from the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act'). Vide notice dated May 3, 1982, the plaintiff respondent terminated the tenancy of the appellant. On June 15, 1983, a suit for possession of the premises and recovery of an amount of Rs. 2800/- towards the arrears of rent for the period from December 1, 1981 to May 31, 1982 was filed.

(3.) ON the pleading of the parties, the learned trial Court framed the following issues :-