HARNAMJIT SINGH Vs. HANS RAJ

JUDGEMENT

(1.) THIS second appeal arises out of the concurrent finding of fact of both tho Courts below. A suit was brought by the Plaintiff Respondent for the ejectment of the Defendant -Appellant from the shop situated at Railway Road, Village Bhogpur, Tehsil and District Jullundur. It was alleged in the plaint that the shop, in dispute, was let out to the Defendant for 11 months and that the said contractual period had already expired and the tenancy had determined by efflux of time. These allegations were denied by the Defendant in the written statement wherein it was averred that no notice as required under Section 106 of the Transfer of Property Act was given to or served upon him and the suit is not maintainable in the present form. It was also averred that he had made certain improvements on the shop, in dispute, and as such is entitled to get the amount on the(sic) account.

(2.) THE parties contested on the following issues:

(3.) WHETHER Defendant has effected any improvement on suit property ; If so, of what amount and to what effect ?