JUDGMENT :

Rastogi, J.

1. The instant appeal has been preferred by the appellants/plaintiffs assailing the judgment dated 8th July, 2009, upholding the judgment and decree of the Court of appeal dated 28th March, 2006 holding that the Civil Court has no jurisdiction to entertain and try the suit for possession in reference to the subject property and the appropriate remedy available with the appellants is to initiate proceedings for eviction of the suit property under the provisions of the Haryana (Control of Rent & Eviction) Act, 1973 (hereinafter called as “Act 1973”).

2. The brief facts of the case manifest from the record are that the appellants filed a suit on the averment that their predecessor in interest Sh. Vinod Kumar was owner of the subject plot of land admeasuring 10,000 sq. feet in municipal limits, Kaithal bearing Municipal No.657/10. Undisputedly, the Act 1973 applies to the suit property in question.

3. The subject property was given on lease by late Vinod Kumar to M/s Burmah Shell Oil Storage Distributing Company Ltd. for a fixed period of 20 years at the rate of Rs.35/per month vide lease dated 4th June, 1958 with effect from 1st April, 1958. The lease period initial