NEW KRISHI SEWAK CO GURGAON Vs. PARTAP SINGH

JUDGEMENT

(1.) Partap Singh Thakraon and others filed a civil suit to eject M/s. New Krishi Sewak Company from the premises let out to them for non-residential purpose, after serving notice under Section 106 of the Transfer of Property Act on the pleas that the building was constructed after 31-3-1962 and was exempted from the operation of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the Act) and thus the tenant could be evicted after terminating the tenancy by filing a simple suit for eviction without a ground.

(2.) The tenant pleaded that the Act was applicable and it could be ejected only on one of the grounds contained in the Act and not by a simple suit for eviction.

(3.) Both the Courts below found that since the building was constructed after 31st Mar., 1962, the Act was not applicable and civil court had the jurisdiction and granted a decree for ejectment of the tenant. Hence, the second appeal by the tenant.