GIRDARI LAL Vs. BHAG SINGH

JUDGEMENT

(1.) THIS is defendants Second Appeal against whom the suit for ejectment and recovery of arrears has been decreed by both the courts below.

(2.) THE plaintiff-respondent Bhag Singh brought the suit for the ejectment of his tenant-appellants from the three shops in dispute and for the recovery of Rs. 1,458/- for rent for the period Ist June, 1973, to 10 August, 1973. The suit was filed on 16th August, 1973. The plaintiff pleaded that the defendants took on rent three shops which had been newly constructed and the construction of which was completed on 31st May, 1969, vide lease deed dated 8th April, 1969; that the lease was for the period Ist June, 1969 to 31st May, 1973 at an annual rent of Rs. 7,500/-; that the rent was to be paid in advance as agreed : that in accordance with the terms of the lease deed the plaintiff got shutters and electricity fitted on the shops and the defendants continued to be in possession thereof an paying the rent; that the lease period expired on 31st May, 1973. It was pleaded that the lease had expired, the defendants were liable to ejectment. The defendants contested the suit denying that the shops had been newly constructed. It was further pleaded that the Civil Court had no jurisdiction and the plaintiff should have sought remedy under the East Punjab Urban Rent Restriction Act.

(3.) THE real controversy between the parties is whether the building in dispute can be said to be "newly constructed" for purposes of notification dated 21st June, 1971 issued under Section 3 of the East Punjab Urban Rent Restriction Act. By virtue of the said notification, the President of India was pleaded to exempt every building constructed during the years 1968, 1969 and 1970 from the provisions of the said for a period of five years from the date of its completion. It is the common case of the parties that in case the building in dispute is covered by the said notification, the defendants were liable to ejectment.