MOHINDER KUMAR Vs. DHAN KUMAR

JUDGEMENT

(1.) THE appellant Mohinder Kumar has challenged the judgment and order of the Ist appellate Court dated 23.7.1990 dismissing his appeal against the judgment and order dated 7.5.1985 passed by Senior Sub Judge, Hisar vide which suit of the appellant-plaintiff for possession of shop which is a part of property No. B-VII-57 and for recovery of Rs. 592.50 on account of arrears of rent was dismissed.

(2.) THE facts, in brief, are that appellant-plaintiff filed a suit stating that he was owner of the shop detailed above. He constructed the said shop in the month of January 1976. Therefore, the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') are not applicable. The shop was given at a monthly rent of Rs. 185/- plus house tax to defendant-tenant Dhan Kumar (respondent herein) vide Rent Note dated 23.1.1976. The ejectment of the respondent is sought on the ground that he was in arrears of rent with effect from 1.3.1981 to 31.5.1981. The suit filed by the appellant-plaintiff was contested by the defendant-respondent taking up the plea that civil Court had no jurisdiction to try the suit as the shop was constructed even prior to the year 1961, and, therefore, the provisions of the Rent Act were applicable. The relationship of landlord and tenant stands admitted.

(3.) FROM the above record of Municipality, it is more than evident that the construction of the shop was old and only one wall was repaired and that too prior to the year 1976. The appellant-plaintiff also failed to produce any documentary evidence i.e. vouchers, receipts, etc, of construction material to prove that he had incurred the expenditure for carrying out repair work prior to the year 1976.