RAMESH KUMAR AND ANOTHER Vs. BRIJ BHUSHAN DHALL

JUDGEMENT

(1.) This order shall dispose of R.S.A. No. 1779 of 2009 titled Ramesh Kumar and another Vs. Brij Bhushan Dhall and R.S.A. No. 1780 of 2009 titled Parvesh Kumar and another Vs. Om Parkash Dhall , as common questions of law and fact are involved.

(2.) For brevity sake, facts are being taken from R.S.A. No. 1779 of 2009. The plaintiff/respondent brought a suit for possession of shop being owner and landlord, on the ground that the shop was rented out to the appellant/defendants for a period of 11 months, and on expiry thereof, they have failed to vacate the same and hand over the vacant possession. The tenancy was terminated by issuing notice under Sec. 106 of the Transfer of Property Act, by claiming that the shop was constructed in the year 1988, and being a new construction, provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 were not applicable to the premises in dispute.

(3.) The suit was contested, wherein the jurisdiction of the civil Court to entertain and try the suit was challenged. It was claimed that the defendant/appellants continue to be tenants over the property and not trespassers, as claimed.