ASHOK KUMAR Vs. MURTI SHRI DURGA BHAWANI TRUST

JUDGEMENT

(1.) THE questions of law and facts involved in RSA No. 3049 of 2002 and in RSA No. 3050 of 2002 are the same. Therefore, both the appeals are being decided by this common judgment. However, the facts are taken from RSA No. 3049 of 2002.

(2.) THE appellant was inducted as a tenant in shop No. 35 vide rent deed dated 29.8.1978 on the monthly rent of Rs. 200/-. The shop in dispute was constructed in January 1976 and therefore, the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short 'the Rent Act') did not apply for a period of 10 years to the demised premises. The appellant had failed to pay the arrears of rent with effect from 1.5.1985. Accordingly, notice under Section 106 of the Transfer of Property Act was served on him on 7.6.1985, which was received by the appellant on 9.6.1985. Since the appellant failed to hand over the vacant possession of the shop in dispute to the respondent, therefore the respondent filed the suit for possession and for recovery of arrears of rent. The appellant filed the written statement and contested the case. Legal objections were also pleaded that the ejectment petition could be filed only in the Court of Rent Controller. The execution of rent note dated 29.8.1978 was also denied. It was pleaded that signatures of the appellant were obtained on blank papers, which might have been converted into the execution of the rent note. The shop was not newly constructed shop but only minor repairs were introduced in the year 1974.

(3.) THE appellant filed the appeal. The findings of the learned trial Court were upheld by the learned Lower Appellate Court and the appeal filed by the appellant was dismissed vide judgment and decree dated 14.5.2002. Hence, the present appeal.