NAND LAL Vs. ROSHAN LAL AND ORS.

JUDGEMENT

(1.) THIS is a Defendant's appeal arising out of a suit filed by the present Respondents for his ejectment from a shop situated in Panipat. Originally Respondents No. 1 and 2 were its owners. They gifted it to their mother on whose death the Respondents inherited the shop in dispute They alleged in the plaint that the shop in dispute was re -constructed in January, 1969 and thereafter it was let out to the Defendant on 1.2.1969 on a monthly rent of Rs. 40/ - for a period of 11 months. The Defendant also executed a rent note on 21.2.1969 in favour of the then owners of the shop. When the Defendant did not vacate the shop after the expiry of the period of tenancy the present suit for his ejectment was filed in August, 1972.

(2.) THE Defendant contested the suit and inter alia pleaded that only repairs were effected in the shop, otherwise this was an old building. He was a tenant in the shop in dispute since 1952. He also pleaded that no notice of ejectment was given to him. Some other pleas were also raited by the Defendant but those are not relevant for the purpose of this judgment.

(3.) THE Defendant filed an appeal which was heard by the learned Senior Subordinate Judge (with enhanced appellate powers) Karnal. He confirmed the finding of the learned trial Court that the shop had been reconstructed in January, 1969 and, therefore, it was exempt from the provisions of East Punjab Urban Rent Restriction Act. Consequently he dismissed the appeal.