LEELA RAM Vs. VIJENDER KUMAR SANGHI

JUDGEMENT

(1.) Appellant-defendant Leela Ram has filed this regular second appeal against respondent-plaintiff Vijender Kumar Sanghi, challenging the impugned judgment and decree dated 28.01.2011 passed by learned Civil Judge (Junior Division) Narnaul, vide which the suit filed by the plaintiff-respondent for possession was decreed and also the judgment and decree dated 02.02.2015 passed by learned Addl. District Judge, Narnaul, vide which the appeal filed by the appellant-defendant was dismissed.

(2.) The brief facts of the case are that plaintiff-respondent Vijender Kumar Sanghi filed a suit against defendant-appellant Leela Ram for possession claiming rent from 01.04.1999 to 30.04.1999 along with use and occupation charges amounting to Rs. 2000/- per month from 01.12.1999 to till the receiving of the possession by the plaintiff. The case of the plaintiff is that one shop along with chabutra as described in the plaint was given to defendant on 20.01.1995 on rent @ Rs. 1000/- per month and rent note was executed on 20.01.1995 and possession was delivered. The defendant after receiving of the notice has not handed over the vacant possession of the shop.

(3.) On the other hand, the case of the defendant in the written statement is that the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 are applicable with respect to shop in dispute, so the plaintiff is not entitled to take possession of shop in dispute vide alleged notice. The defendant has already paid rent from 01.04.1999 to 30.04.1999 and of subsequent period against receipts and no rent is due towards him. On merit, it is denied that defendant has executed any rent note dated 20.01.1995 in favour of the plaintiff.