CHIRANJI LAL Vs. SUBASH CHAND

JUDGEMENT

(1.) The respondent filed this suit for ejectment of the appellant from the shop in dispute and for the recovery of Rs. 6,100/- by way of arrears of rent, but the only issue which survives for determination in this appeal relates to the liability of the appellant for ejectment.

(2.) The case set up by the plaintiff is that he purchased plot No. 22 from the Kaithal Improvement Trust on February 26, 1974 and completed the construction of the shop in dispute in the year 1975. The shop was thereafter let out to the defendant at a monthly rent of Rs. 550/-. The defendant has failed to pay the rent since June 1, 1979 and his tenancy was terminated vide registered notice dated February 23, 1980. The demised premises was stated to be exempt from the applicability of the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called 'the Act') for a period of ten years from the date of its completion. The defence pleaded was the site beneath the shop was taken on rent by the plaintiff from the municipality Kaithal and the construction to be applicable to the demised premises and the liability to ejectment denied.

(3.) The trial Court, holding that the construction of the shop in dispute was completed in the year 1975, ordered the ejectment of the defendant. The finding and the decree having been affirmed by the learned Additional District Judge, the tenant has come up in this appeal.