RAJINDER PARSHAD Vs. SARLA DEVI

JUDGEMENT

(1.) This is un -successful defendant's regular second appeal.

(2.) Plaintiff filed a suit for possession against the defendants with averments that shop in dispute was given on rent at the rate of Rs. 250/ - per month for a period of 11 months on 28.5.1981 to Defendant No. 1 who has sublet the same to defendant No. 2. With a view to seek the eviction of the tenant notice terminating the tenancy in terms of Sec. 106 of the Transfer of Property Act was given to defendant No. 1 on 16.7.1985 and so the tenancy of defendant No. 1 stands terminated. Plaintiff made further averment to the effect that the shop was constructed in the year 1978. So, the plaintiff sought possession of the property from the defendants.

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