T.H.B.Chalapathi, J.

1. This second appeal is directed against the decree and judgment of the learned Additional District Judge, Ambala in Civil Appeal No. 20 of 1997 dated 27.4.1998 confirming the decree and judgment passed by the learned Civil Judge (Junior Division), Panchkula in Civil Suit No. 221 of 1995 dated 30.10.1996.

2. The defendant is the appellant.

3. The plaintiff-respondent used the defendant-appellant for recovery of possession of the suit shop and for the recovery of arrears of rent. According to the plaintiff-respondent, he leased out the suit shop to the defendant-appellant for a period of 11 months @ Rs. 425/- per month. After the expiry of the lease, the defendant continued to be in possession unauthorisedly since he has not vacated the shop nor did he opt to continue the lease. Since the shop was constructed in the year 1986, it is exempted under the provisions of Haryana Urban (Control of Rent) and Eviction Act 1973. The plaintiff issued a notice under Section 106 of Transfer of Property Act after the expiry of the lease. Since the defendant did not vacate the demised premises, the plaintiff filed the suit for eviction.

4. According to the defendant,