- (1.) This is a defendants' second appeal against whom the suit for possession of the first floor of the house in dispute was dismissed by the trial Court, but has been decreed in appeal.
(2.) The admitted facts are that Nathu Ram was a statutory tenant on the first floor of House No. 789, W. No. 17 in Mohalla Mahajan, Rohtak. The plaintiff purchased the said house from its owner Ghasi Ram vide sale deed dated 10th April, 1967. Thus Nathu Ram became statutory tenant under him and continued to be so till his death on 29th February, 1972. According to the plaintiff', after the death of Nathu Ram, the statutory tenancy terminated and no right could be acquired by his legal heirs who are his sons, widow and daughters. Thus, the defendants were alleged to be trespassers and dence, liable to ejectment.
(3.) The suit was contested on the plea that Nathu Ram and Jagan Nath have been in possession of the house as contractual tenants and that Nathu Ram has died, but Jagan Nath his son, being alive, he continued to be a tenant as before. However, the trial Court dismissed the plaintiff's suit as it was held that Nathu Ram was a statutory tenant exclusively and by virtue of the extending definition of "tenant" in the Haryana (Urban Control of Rent and Eviction) Act, 1973, the heirs of Nathu Ram have become statutory tenants. It was further held that the jurisdiction of the civil Court for trying such a suit was barred. In appeal, the learned Senior Subordinate Judge with Enhanced Appellate Powers, Rohtak reversed the said finding of the trial Court and came to the conclusion that the heirs of Nathu Ram did not become tenants of the plaintiff by virtue of the extending definition of "tenant", as held by the trial Court. As a result of this finding, the plaintiff's suit was decreed. Dissatisfied with the same, the defendants have come up in second appeal in this Court.;