S.K.Jain, J.

1. The appellant was the tenant in building bearing No. 194 situated in G.T. Road, Gharaunda, which had been rented out to them in 1977. The respondent, hereinafter referred to as the "landlord", terminated the tenancy of the appellant by serving notice under Section 106 of the Transfer of Property Act and filed Civil Suit No. 252 of 1985 on 14.3.1985 for recovery of possession. It was filed because of Section 1(3) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as the Act), Learned Senior Sub Judge, Karnal, vide its judgment and decree dated 17.4.1987, decreed the suit of the landlord holding: -

(i) that the demised premises were constructed and completed not before 17.4.1987;

(ii) that the exemption period of 10 years had not expired and, therefore, the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973 were not applicable on the demised premises;

(iii) that the tenant had been terminated by a valid notice under Section 106 of the Transfer of Property Act; and

(iv) that the suit for possession by ejectment of the tenant was competent.

2. Feeling aggrieved, the tenant preferred Civil Appeal No. 73 of 1988. I