MADALSA Vs. MADAN LAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 9.12.2008 passed by the learned Courts below. The learned trial Court dismissed the suit filed by the plaintiff/appellant for possession, however, the learned lower appellate Court modified the judgment and decree of the learned trial Court and partly decreed the suit for recovery of arrears of rent.

(2.) THE plaintiff/landlord brought a suit for possession on the plea that the tenancy of the defendant/respondent stood terminated by way of legal notice and also for the arrears of rent along with future mesne profit.

(3.) THE plaintiff/appellant preferred an appeal. The learned lower appellate Court affirmed the findings recorded by the learned trial Court holding that the property was not proved to have been constructed Within ten years and, therefore, suit for possession was not competent as provisions of the Rent Act were applicable to the property in dispute.