- (1.) THE plaintiffs filed suit for seeking eviction of the defendant from plot measuring 23' x 8' forming part of khasra nos.879 and 880 of village Fatehpur, Tehsil Kaithal on the ground that he had purchased the plot on 21.05.1981 on which the defendant was a sitting tenant on a monthly rent of Rs. 40/ -. The eviction was sought on the ground of non -payment of arrears of rent by serving a notice under Section 106 of the Transfer of Property Act, 1882 (here -in -after referred to as the "Act").
(2.) THE defendant contested the suit alleging that the suit property is in the urban area to which provisions of the Rent Act are applicable and the notice given under Section 106 of the Act would not apply.
(3.) ON the pleadings of the parties, issues were framed by the Trial Court and both the parties led their oral as well as documentary evidence. The Trial Court, after appreciation of evidence, decreed the suit ordering eviction of the defendant from the suit property and holding the plaintiffs to be entitled to recover a sum of Rs. 1,180/ - as arrears of rent from 11.04.1981 to 10.09.1983 and amount for future use and occupation charges from 11.09.1983 till the actual delivery of possession by the defendant to the plaintiff at the rate of Rs. 40/ - per month.;