SARVMITTER GAIND Vs. PURANJIT SINGH

JUDGEMENT

(1.) PLAINTIFF -respondent filed a suit for ejectment of the defendant-appellant from industrial shed situated in Industrial Area, Phase-II, Ram Darbar, Chandigarh as fully detailed in the head note of the plaint, and for the recovery of Rs. 1,12. 903.00 as arrears of damages/mesne profits for illegal and unauthorised occupation of the premises by the defendant w. e. f, 1. 5. 19929 with a further prayer to grant damages from the date of filing of the suit till the date of the decree. Suit was filed on the premises that the building in question is exempt from the purview of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') and the exemption period of five years had not elapsed from the date of grant of sewerage connection till the filing of the suit. After notice terminating the tenancy, the possession of the defendant was illegal and the plaintiff was entitled to damages/ mesne profits at the market rate i. e. at the rate of Rs. 35000/ per month w. e. f. 1. 5. 1992.

(2.) SUIT was contested by the defendant. The defendant pleaded that the premises is not exempted from the provisions of the Act as it was rented out in June 1987 and the suit had been filed after the expiry of five years from that date. It was also pleaded that sewerage connection was granted to the premises in question on 13. 3. 1987 and the suit having been filed after the expiry of five years from the date of grant of sewerage connection, it was not maintainable.

(3.) PLAINTIFF as also the defendant felt aggrieved by the judgment and decree of the trial court and consequently, both filed appeals which have been disposed of by a common judgment and decree dated 27. 1. 1997 by learned District Judge, Chandigarh.