GURDIAL SINGH Vs. RAJINDER KAUR

JUDGEMENT

(1.) Plaintiff/respondent-Rajinder Kaur filed a suit for ejectment in respect of site described as taur, measuring 21/2 marlas bounded as fully detailed in the head note of the plaint and shown in the site plan Ex. P-3 and also for recovery of Rs. 300/- as three years rent @ Rs. 100/- per annum.

(2.) It is not a disputed question of fact that defendant-appellant had executed a rent deed dated 19.9.1958 agreeing to pay rent @ Rs. 100/- per annum. It is also not disputed that in the rent deed Ex. P-2 the purpose of letting was expressly stated as residential. The lease period was for one year w.e.f. 21.9.1959. The grounds of ejectment pleaded were that he was in the arrears of rent from 1.4.1979 to 31.3.1982 for three years and that the plaintiff-respondent requires the premises in question for own use and occupation. Before institution of the suit a notice dated 26.3.1982 (Ex. P-4) was sent to defendant-appellant asking him to vacate the premises. The defendant-appellant sent a reply dated 26.4.1982 Ex. P-7 to the said notice.

(3.) The defence set up by the defendant-appellant was that the property was situated within the municipal limits of Municipal Committee Garhdiwala and, therefore, the Civil Court did not have the jurisdiction to entertain and try the suit as provisions of East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act of 1949') are applicable for which the Rent Controller has the exclusive jurisdiction. Following issues and additional issues were framed from the pleadings of the parties:-