SANDEEP Vs. RAJNISH SACHDEVA

JUDGEMENT

(1.) - The present appeal has been preferred by the appellant-defendant against the judgment and decree dated 05.03.2014 passed by the learned Additional District Judge, Kaithal, vide which the appeal filed by him against the judgment and decree dated 24.07.2012, passed by the learned Civil Judge (Sr. Division), Kaithal, has been dismissed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) The plaintiff-respondent filed the suit for possession by way of ejectment of the defendant-appellant from the suit property i.e. the ground floor of a single Khani shop comprised in Khewat No. 399 Khasra no.357 situated near State Bank of India, Branch, Karnal road, Kaithal. As per the averments in the plaint, the plaintiff is owner of the suit 1 of 7 property, which was rented out to the defendant for 11 months w.e.f. 21.02.2005 to 20.01.2006 on payment of Rs. 2000.00 per month as rent, which was exclusive of house tax. A rent note was also executed. It was agreed that defendant shall pay monthly rent in advance. The construction of the suit property was completed after getting the requisite site plan sanctioned from the Municipal Committee, Kaithal on 25.06.1999. Therefore, the provisions of The Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'Act') are not applicable to the suit property. It is alleged that the vacant piece of land was purchased by the plaintiff from Kamla Devi upon which the construction was raised. It is further pleaded that the appellant-defendant has failed to make the payment of rent and the house tax w.e.f. 25.10.2005. Therefore, his tenancy was terminated vide notice dated 02.03.2006. The appellant-defendant has not handed over the vacant possession of the suit property to the plaintiff-respondent. Hence, the suit.