KISHORE FOAM AGENCIES Vs. R.L. MALHOTRA

JUDGEMENT

(1.) The short question, which arises for consideration is, as to whether civil suit filed by respondents seeking ejectment of appellants from half portion of the ground floor alongwith half portion of basement adjoining to SCO No. 66 of SCO No. 67, Sector 11, Panchkula was maintainable as per provisions of Sec. 1 (3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (later referred to as 'the Rent Act')

(2.) As per case of plaintiffs, the suit property was leased out to appellants vide lease deed dtd. 9/4/1992. The dispute was raised regarding non-payment of settled rent and the tenancy of plaintiffs was terminated vide notices dtd. 15/12/2008 and 12/3/2009.

(3.) Learned trial Court framed issues as follows:-