TANNA JI Vs. MOHAN LAL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against judgment and decree dated 02.01.2008 passed by the Court of learned Additional District Judge (Fast Track Court), Ambala whereby appeal filed by appellant Tanna Ji against the judgment and decree dated 11.02.2005 passed by the learned Civil Judge, Junior Division, Ambala was dismissed and the appellant was directed to hand over the possession of the shop in question to the plaintiff -respondent within three months.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. In brief, the facts relevant for disposal of this second appeal are to the effect that plaintiff -respondent Mohan Lal in his capacity as landlord/owner had filed suit for possession of shop No.1 forming part of property bearing AMC No.1209/3 (Old No.5096/3) Jain Mandir Wali Gali, Ambala City and for recovery of the rent and mesne profits for illegal use and occupation of the property amounting to Rs. 8,000/ -.

(3.) THE case of the plaintiff is that he had purchased the suit property in the shape of Khola vide registered sale deed. Thereafter, he raised construction thereon in the year 1999 after getting the site plan sanctioned from Municipal Council, Ambala City on 25.01.1999. One room on the ground floor of the property was converted into the shop and the defendant took the said shop bearing No.1 on rent. The said shop is newly constructed building and, as such, the provisions of Haryana Urban (Control and Eviction) Act, 1973 (hereinafter referred to as 'the Act') were not applicable. The landlord issued notice under Section 106 of the Transfer of Property Act thereby terminating his tenancy from the shop in question.