- (1.) The Respondents-Defendants are in second appeal aggrieved against the judgments and decrees passed by the Courts below, whereby the suit filed by the Plaintiff-Respondent for possession and recovery of arrears of rent as well as mesne profits etc. in respect of the shop in dispute was decreed.
(2.) Plaintiff-Respondent is owner of the shop in dispute, which she had let out to the Defendants-Appellants, who are real brothers, vide rent deed dated 4.7.1992. The Plaintiff filed the instant suit through Sewa Ram, her General Power of Attorney. The registered Power of Attorney dated 18.1.1997 has been placed on record. The relationship of landlady and tenants is admitted between the parties. The case of the Plaintiff is that the Defendants-Appellants did not pay rent and other charges regarding the shop in question since 1.3.2002. A notice dated 2.4.2002 was issued to the Defendants Appellants thereby terminating their tenancy. The said notice was received by the Defendants-Appellants. The Defendants-Appellants were directed to vacate and hand over vacant possession of the shop in question to the Plaintiff-Respondent within fifteen days from the receipt of notice dated 2.4.2002, but they failed to do so. Since the Defendants-Appellants were in an unauthorized possession after the termination of his tenancy, mesne profits were claimed by the Plaintiff-Respondent. Main case of the Plaintiff-Respondent is that since the shop in question was constructed and completed in the month of June, 1992, the same is exempted from the provisions of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short 'the Act').
(3.) The main stand taken by the Defendants-Appellants in the written statement is that the shop in question was constructed and completed much before the year 1992 and, in fact, it was constructed more than ten years prior to the issuance of notice. It was also pleaded that the notice in question was not binding upon the Defendants-Appellants being wrong, vague, illegal and null and void.;