P.N. CHOPRA Vs. KULDIP RAJ GUPTA

JUDGEMENT

(1.) THIS is a defendant's second appeal in a suit for ejectment brought by the plaintiff under the following circumstances.

(2.) THE defendant was inducted as a tenant of the premises by the plaintiff by virtue of a rent deed executed on 1st April, 1962 at a monthly rent of Rs. 125/-. Under the rent deed the tenancy was originally for 11 months and it was continued from year to year. Under the terms of the rent deed the parties agreed that the defendant could be ejected after one month's notice to quit was served on him. The plaintiff filed the present action after giving notice dated 24-4-67 to the defendant to quit and pleaded that the provisions of the Houses and Shops Rent Control Act (hereinafter to be referred to as the Act) had no application to the present suit which was governed by the general law. The Sub judge Jammu accepted the contention of the plaintiff and held that the income of the defendant during the year in question being over Rs. 20,000/- the suit was governed by the general law. The trial court further held that the notice to quit was 'valid in law and was duly served on the defendant. On these findings the trial court decreed the suit of the plaintiff. The defendant then went up in appeal to the D. J. who upheld the findings arrived at by the learned Sub-judge and dismissed the appeal. Hence this second appeal to this court.

(3.) WE have heard counsel for the parties at length. The point involved is one of first impression and as the statutory provision of the Act is peculiar to this State there is no decided case from which we could draw assistance. In order to decide the point involved, it will be necessary to quote in extenso the relevant portion of section 1 (3)(iii) of the Act as under :-