Vinod K.Sharma, J.

1 This regular second appeal is directed against the judgment and decree dated 6.9.1986 passed by the learned District Judge, Kurukshetra vide which suit filed by the plaintiff/appellant for possession was ordered to be dismissed.

2 Briefly stated the facts of the case are that Teja Singh son of Harnam Singh was owner of the shop bearing No.366-A Ward No.9 Darra Kalan, Thanesar. Defendant was the tenant under him at the rate of Rs.350/- (Rupees three hundred and fifty only) per month as on 19.5.1981 i.e. the date of execution of the sale deed in favour of the plaintiff/appellant. It was claimed in the suit, that the defendant had not paid the arrears of rent w.e.f. 1.1.1980. Shop was said to be newly constructed shop, and the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the Act) were not applicable. The plaintiff terminated the tenancy of the respondent by serving a notice under section 106 of the Transfer of Property Act. On the failure of the defendant-respondent to vacate the premises a notice was issued terminating his tenancy.

3 Suit was contested by raising a plea that shop in dispute was not newly c