SMT PARKASH WATI Vs. JAGDISH CHAND

JUDGEMENT

(1.) THIS is Plaintiff's second appeal whose suit for ejectment from the shops in dispute has been dismissed by both the Courts below.

(2.) THE Plaintiff is the owner of certain buildings which have two storeys. She built 17 shops on the ground floor in place of some previous construction after the date 31st December, 1962. She let out shops bearing numbers 4, 5 and 6 to Jagdish Chand Defendant under rent note dated 6th April, 1966. The monthly rent of each shop was fixed at Rs. 35/. The Plaintiff determined the tenancy in favour of the Defendant by notice under Section 106 of the Transfer of Property Act which was received by the Defendant, on 13th September, 1973. It was pleaded on behalf of the Plaintiff that the shops were built by her after 31st December, 1962, and hence the same were outside the purview of Haryana Urban (Control of Rent and Eviction) Act, 1973.