SURESH KUMAR Vs. BHIM SAIN

JUDGEMENT

(1.) THIS judgment will dispose of R.S.A. Nos. 344 and 345 of 1976, and R.S.A. 1518 of 1977, which involve common questions of law. The facts in the judgment are being given from R.S.A. No. 344 of 1976.

(2.) BHIM Sain plaintiff is the owner of the shop in dispute which is alleged to have been constructed in the year 1966. It was leased out to the defendant from April 26, 196 to April 21, 1968 on a monthly rent of Rs. 100/ - plus municipal taxes vide lease deed dated April 26, 1967. It is further averred that the defendant materially diminished the value and utility of the shop in dispute. He consequently after serving a notice on the defendant, filed a suit for his ejectment, pleading that the building was exempt from the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Haryana Rent Act). The suit was contested by the defendant on various grounds. The learned trial court decreed the suit of the plaintiff. The defendant went up in appeal before the District Judge, Bhiwani, who affirmed the judgment and decree of the trial Court and dismissed it. He has come up in second appeal to this Court.

(3.) I have given a thoughtful consideration to the argument of the learned counsel. In order to determine this question it will be relevant to reproduce Sections 1 and 13 of the Haryana Rent Act and Section 2 of the Amendment Act. Sections 1 and 13 of the Haryana Rent Act are as under :