CHUNNI LAL Vs. GOBIND RAM

JUDGEMENT

(1.) THIS appeal is directed by the plaintiff against the judgment and decree of the Courts below whereby his suit for possession by way of ejectment of the defendants has been dismissed.

(2.) BRIEFLY stated the facts of the case are that the plaintiff filed a suit for possession on 19.3.1984 alleging himself to be the owner/landlord of the shop with a verandah and stair case built on plot No. 106, situated in New Sabzi Mandi Palwal. It was alleged in the plaint that the said shop was taken on rent by defendant No. 1 on a monthly rent of Rs. 300/- including house tax about five years back but defendant No. 1 has ceased to occupy the shop and has placed defendant Nos. 2 and 3 in possession as sub tenants. The plaintiff alleged that he requires the shop in dispute for his personal use and occupation and does not want to keep defendant No. 1 as his tenant and for that purposes, he has terminated the tenancy of defendant No. 1 by a registered notice dated 26.12.1983 giving him one month's time to vacate the shop and the said notice was served upon defendant No. 1 on 27.12.1983. It was alleged that defendant Nos. 2 and 3 were also issued registered notices to vacate the shop which was illegally and unauthorisedly occupied by them. The said notice was given on 26.12.1983, which was received by the sub tenants defendant Nos. 2 and 3 on 28.12.1983 and on 2.1. 1984 respectively. Plaintiff also alleged that since the construction of the shop had been completed in the year 1977-78, therefore, the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, 'the Act') are not applicable to the tenancy of defendant No. 1 in respect of the shop in dispute, therefore, only Civil Court has got the jurisdiction to try the suit.

(3.) IN the replication, the preliminary objections raised by the defendants were denied. On the pleadings of the parties, following issues were framed by the trial Court :-