BHAGWAN DASS Vs. KISHAN CHAND

JUDGEMENT

(1.) This is defendants' Second Appeal against whom suit for ejectment and for the recovery of Rs. 680/- has been decreed by the Courts below.

(2.) The plaintiffs filed the suit against the defendants/tenants in the disputed shop for a rent of Rs. 170/- per month. According to the plaint, the shop was constructed in the year 1970 or thereabout and, therefore, was exempt from the operation of the Haryana Urban (Control of Rent and Eviction) Act, 1973; that the tenancy was terminated by notice under Section 106 of the Transfer of Property Act, and that a sum of Rs. 680/- was claimed as arrears of rent from 1st February, 1976 to 31st May, 1976, and the suit was filed on 8th June, 1976. In the written statement, the defendants pleaded that the shop in dispute was constructed much before the year 1962, and therefore, the Rent Act was applicable to the disputed shop. The bar of jurisdiction of Civil Court to try the suit was also pleaded. The trial Court found that the shop in dispute had been constructed in the year 1970 and was, therefore, exempt from the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973, by virtue of Section 3 thereof. Ultimately, the s}it was decreed for ejectment as well as for the recovery of Rs. 680/- as arrears of rent. In appeal, the learned Additional District Judge affirmed the said finding of the trial Court, and, thus, maintained the decree passed in favour of the plaintiffs.

(3.) At the time of motion hearing it was contended that by means of the Haryana (Control of Rent and Eviction) Amendment Act, 1978, sub-section (3) of Section 1 of the original Act of 1973 had been amended with retrospective effect, and, therefore, the Civil Court had no jurisdiction to try the suit.