JAGMOHAN SINGH Vs. PREM KUMAR PARAS DAS

JUDGEMENT

(1.) THIS is unsuccessful plaintiff's regular second appeal.

(2.) PLAINTIFF filed a writ for ejectment of the defendant from shop-cum-flat No. 2 as per site plan attached with the plaint situate in New Mandi Township, Mandi Dakha Mullanpur. As per averments made in the plaint, it was stated that the defendant is in occupation of the shop-cum-flat as tenant on a monthly rent of Rs. 250/- under the plaintiff. Thus there exists relationship of landlord and tenant between the parties. The tenancy was from month to month and the plaintiff terminated the tenancy by registered notice dated 25.5.1985. It was further averred that the shop-cum-flat was exempt from the applicability of East Punjab Urban Rent Restriction Act No. 3 of 1949 as the property is situate outside the limit of notified area committee, Dakha Mullanpur.

(3.) ON the pleadings of the parties, following issues were framed :-