ASHU KUMAR Vs. NARENDER KUMARI

JUDGEMENT

(1.) THIS appeal, is directed, against the judgement and decree, dated 29.09.07, rendered by the Court of Additional Civil Judge (Senior Division), Hansi, vide which, it decreed the suit of the plaintiff, and the judgement and decree dated 07.08.08, rendered by the Court of District Judge, Hisar, vide which, it dismissed the appeal.

(2.) THE facts, in brief, are that the plaintiff-respondent claimed herself to be the owner of one shop having house tax unit No. 1115-E/16, as fully detailed in the plaint, within the Municipal limits, Hansi. It was stated that the above shop was constructed in December, 1995, alongwith other properties. It was further stated that, thus, the shop, in question, fell out side the purview of the Rent Act. It was further stated that the defendant/appellant was a continuous defaulter against whom rent @ Rs. 1900/- per month, had been due, since 01.12.2000. He had neither paid nor tendered the same, despite repeated demands. A notice on 19.06.04, terminating the tenancy of the defendant, was issued, and he was called upon to deliver the vacant possession of the shop, in dispute, and pay the arrears of rent. The notice was duly served and reply was filed by the defendant, but even then, neither possession was delivered nor the arrears of rent were paid. It was further stated that after the termination of tenancy, the defendant became trespasser. On the final refusal of the defendant, to vacate the shop, in question, left with no other alternative, a suit for possession and recovery of the arrears of rent, was filed.

(3.) ON the pleadings of the parties, the following issues were struck :-