Mr. Amit Rawal J. (Oral) :- The State of Haryana is in regular second appeal against the judgment and decree passed by the lower Appellate Court, which set aside the judgment and decree dated 26.07.1989 rendered by the trial Court whereby the suit of the respondent-plaintiff was dismissed.

2. Before adverting to the rival contentions of the parties, it would be apt to give preface of the matter. The respondent-plaintiff instituted a suit challenging the order dated 18.02.1986 passed by the SDO (Civil) in proceedings titled as “State of Haryana Vs. Pt. Ved Parkash Jyotshi” to be ineffective, illegal and null and void in respect of the shop in question i.e. the suit property on the premise that he was a tenant of Shop No.3 in Zila Sainik Board, Karnal since 1974 and had been paying rent regularly to the defendant. The suit aforementioned was filed in the year 1986. It was averred that the rent from the month of February, 1985 onwards was not paid as the payment of rent was not accepted by the defendant. The defendant adopted all means and modes for getting shop No.3 vacated on one pretext or the other and having failed to achieve their ulterior motives, an application und