JUDGMENT :

Mr. Deepak Gupta, J.: This Regular Second Appeal is directed against the concurrent finding of the Courts below, whereby suit filed by the plaintiff - Babu Lal (now appellant through his LRs) seeking ejectment of the defendant - Ram Lal (now respondent) from the demised shop, was dismissed. To avoid confusion, parties shall be referred as per their status before the trial Court.

2.1 Admittedly, plaintiff-Babu Lal (now represented through his LRs) is the owner of a shop detailed and described in the head note of the plaint, situated at Rewari Road, Narnaul, in which defendant-Ram Lal was inducted as a tenant vide a rent note dated 09.03.1978.

2.2 Suit for ejectment and recovery of arrears of rent was filed by plaintiff, pleading that construction of the shop was completed on 09.01.1978 after taking necessary permission from the Municipal Committee and so, the provisions of Rent Act were not applicable. Still further, it was pleaded that tenancy of defendant was terminated by serving a notice dated 03.10.1983 under Section 106 of the Transfer of Property Act, 1882 [hereinafter referred to as ‘the Act’] w.e.f. 08.11.1983, but defendant failed to vacate the shop and thus, he wa