NAGHIA RAM Vs. CHAUDHARI MULAKH RAJ AND OTHERS

JUDGEMENT

(1.) This second appeal has arisen out of a suit filed by the appellant. The suit was for a declaration that the order of ejectment dated 13th March, 1969 passed by Shri Jagdish Chandra, Rent Controller, Jagraon, from the shop, in dispute is void, illegal and without jurisdiction and that the plaintiff-appellant is not liable to eviction from the shop in pursuance of that eviction order. This suit was resisted by the respondents. The parties contested on the following issues :

(2.) The trial Court, vide its judgment dated May 17, 1973 decided issue No. 1 in favour of the plaintiff, issue No 2 against him, issue Nos. 3 to 7 against the defendant and consequently dismissed the plaintiff's suit. Dissatisfied by the judgment and decree of the trial Court, the plaintiff-appellant filed first appeal before the learned Senior Subordinate Judge, Ludhiana, who vide his judgment dated March 12, 1974 reversed the finding of the trial Court on issues No. 1 and affirmed the finding on other issues and consequently dismissed his appeal. It is against the judgment and decree of both the Courts below that the present appeal has been filed. Only issue Nos. 1 and 2 survive for decision of this appeal.

(3.) Mr. H. L. Sarin, learned counsel for the appellant, has contended that the order dated 13th March, 1968 was a nullity, void and ultra vires, as it could not be passed, merely on the statements of the parties without recording finding as to whether the ground existed or not under section 13 of the East Punjab Urban Rent Restriction Act, 1949. His second contention is that the plaintiff's suit was not time-barred.