SUNIL KUMAR GUPTA Vs. SARAVJEET SINGH

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the judgments and decrees dtd. 4/5/2015 and 19/2/2016 passed by the Courts below, whereby suit for possession by way of ejectment, filed at the instance of respondent-plaintiff, stands decreed.

(2.) Briefly stating, while claiming himself to be the owner- landlord of the premises in question comprising of two sheds measuring 20' x 42' and 10' x 42'; situated in Block No. 65, Gate No. 1, Village Dariya, U.T., Chandigarh, respondent-plaintiff filed a suit for possession by way of ejectment against the appellant-defendant, besides claiming arrears of monthly rent w.e.f. 1/6/2012 to 31/12/2012 @ Rs.18,500.00 per month, as also praying for mesne profit w.e.f. 1/1/2013 to 31/1/2013 @ Rs.1,300.00 per day along with interest. It was pleaded in the plaint that the tenancy in favour of appellant-defendant was terminated at the hands of respondent- plaintiff vide notice dtd. 3/12/2012 issued in terms of Sec. 106 of Transfer of Property Act, 1882 (for short "the 1882 Act") followed by the filing of suit in hand.

(3.) Upon appearance, the appellant-defendant filed written statement; though, the factum of tenancy under the respondent-plaintiff was admitted, however, the rate of rent as claimed by the respondent-plaintiff was disputed. Based on the pleadings, the following issues were framed by learned Civil Judge (Junior Division), Chandigarh (hereinafter to be called as "trial Court"):-