J.N. KATYAL Vs. KRISHAN KAPUR ALIAS BITTU

JUDGEMENT

(1.) THIS Regular Second Appeal has been filed by the plaintiffs against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiffs was dismissed by the Trial Court and the appeal filed by them was also dismissed by the learned Additional District Judge.

(2.) THE plaintiffs had filed a suit for possession by way of ejectment of the defendants from the house in question, bearing house number 1455, Sector 15, Panchkula. This suit was filed on 11.10.1999. It was alleged in the suit that defendants were in possession of the said house as tenants on payment of rent and that the tenancy had been terminated and as such a decree for possession by way of ejectment of the defendants from the house in dispute be passed along with recovery of arrears of rent etc. The suit was contested by the defendants taking up various preliminary objections including the objection regarding the maintainability of the suit. It was also alleged that the plaintiffs had not served a valid notice upon the defendants as required under Section 106 of the Transfer of Property Act. It was further alleged that the defendants had already paid the arrears of rent. The other allegations contained in the plaint were also denied and it was accordingly prayed that the suit be dismissed.

(3.) I have heard the learned counsel for the parties and have gone through the record carefully.