MOHAN LAL Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS is defendants' appeal directed against the judgment and decree of the learned Additional District Judge, Faridabad, who on appeal affirmed the judgment of the learned trial Judge for possession with regard to the shop in dispute and for recovery of Rs. 1650/- as arrears of rent and damages.

(2.) THE plaintiff came to the Court with the allegations that the shop in dispute was rented out to the defendant-appellants at a monthly rent of Rs. 550/-. The shop is situated in the Municipal limits of Ballabgarh. The construction was completed in the month of June, 1980 and was exempt from the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, referred to as 'the Rent Act'). The shop was leased out for a period of 11 months and on the expiry of the lease period the tenancy stood terminated. Rs. 550/- was claimed as arrears of rent and Rs. 1100/- by way the damages for illegal use and occupation.

(3.) FROM the pleadings of the parties, the learned trial Judge framed the following issues :-