MAHILPUR FERTILIZERS Vs. BALRAJ SINGH

JUDGEMENT

(1.) THE defendant is in second appeal against the judgment and decree of both the Courts below by which suit filed by the plaintiff for his ejectment from the premises in dispute and recovery has been de -creed. The brief facts of the case are that the plaintiff filed suit for ejectment of the defendant from the building in question situated in the rural area of Mahilpur, on the Phagwara road, let out to the defendant @ Rs. 160/ - per month, on the ground that defendant is a chronic defaulter and brought material alteration in the demised premises. The plaintiff served registered notice on the defendant on 10.8.1983, requiring him to pay the rent and interest and to vacate the demised premise by 30.9.1983 but since he had refused, therefore, the suit is filed for seeking eviction and for recovery of Rs. 640/ - as arrears of rent from 1.10.1983 to 31.1.1984 @ Rs. 160/ - per month and Rs. 184.80 Ps. as interest from 1.5.1982 to 31.1.1984 @ 6% per annum.

(2.) IN the written statement, the defendant admitted that there is a relationship of landlord and tenant between the parties but it was denied that the suit property is situated in the rural area. Rest of the averment with regard to non -payment of rent was also denied. In the replication, it was alleged, that in the earlier litigation between the parties before the Rent Controller at Garhshankar, it was held that it had no jurisdiction to entertain the rent petition holding that the demised premises is not situated within the urban area of Mahilpur.

(3.) WHETHER a valid notice was served upon the defendant? OPP