K.D. SHARMA AND ANR. Vs. RAMESH CHANDER

JUDGEMENT

(1.) The defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for possession by way of ejectment of the defendants after termination of tenancy in terms of the Transfer of Property Act, 1882, was decreed.

(2.) As per the case set up by the plaintiff, the defendant -appellants were inducted as tenants vide lease deed dated 8.2.1993 at the monthly rent/lease of Rs. 1200/ -p.m. The lease in favour of the defendant -appellants was terminated by giving one month's notice on 7.5.1995, but since the premises was not vacated, the present suit was filed by the plaintiff alleging therein that the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973, are not applicable to the building in dispute as the building has not completed 10 years of its construction.

(3.) In reply, it is the stand of the defendants that the lease deed is not admissible in evidence for want of stamp and registration and that no notice was received by the defendants.