N.K.KAPOOR,J - (1.) THIS is unsuccessful plaintiff's regular second appeal.
(2.) PLAINTIFF filed a writ for ejectment of the defendant from shop-cum-flat No. 2 as per site plan attached with the plaint situate in New Mandi Township, Mandi Dakha Mullanpur. As per averments made in the plaint, it was stated that the defendant is in occupation of the shop-cum-flat as tenant on a monthly rent of Rs. 250/- under the plaintiff. Thus there exists relationship of landlord and tenant between the parties. The tenancy was from month to month and the plaintiff terminated the tenancy by registered notice dated 25.5.1985. It was further averred that the shop-cum-flat was exempt from the applicability of East Punjab Urban Rent Restriction Act No. 3 of 1949 as the property is situate outside the limit of notified area committee, Dakha Mullanpur. Pursuance to the notice issued by the Court, defendant put in appearance and filed written statement controvert in the material averments made in the plaint. By way of preliminary objection, it was stated that the civil Court has got no jurisdiction to entertain and try the present suit; that the plaintiff has filed a false and frivolous suit and that the suit is bad for non-joinder of necessary parties etc.
(3.) ON the pleadings of the parties, following issues were framed :- (1) Whether the plaintiff is entitled to decree for ejectment as prayed for ? OPP (2) Whether the civil Court has no jurisdiction to entertain and try the present suit ? OPD. (3) Whether the suit is bad for non-joinder of necessary parties ? OPD. (4) Whether Sh. Ajit Singh is competent to file the present suit ? OPP (5) Whether the legal notice under Section 106 T.P. Act has been served ? OPP (6) Relief. ;