BEGA BEGUM Vs. ABDUL AHAD KHAN DEAD

JUDGEMENT

(1.) This is a plaintiffs' appeal by special leave against a judgment dated 10th October, 1966 of the Jammu and Kashmir High Court dismissing the plaintiff's suit.

(2.) The facts of the case lie within a very narrow compass and after hearing counsel for the parties we propose to decide only one point, viz., the question as to whether or not the plaintiffs were entitled to a decree of ejectment against the defendants in respect of the house in question on the ground of personal necessity, and, therefore, we shall narrate only those facts which are germane for this purpose.

(3.) The property in suit was four storeyed building situated at Maisuma Lal Chowk, Srinagar and belonged to one Peer Ali Mohammad, the ancestor of the plaintiffs. This building was leased out to the defendants by a registered lease deed dated 1st December, 1947 for a period of 10 years. Under the lease the lessor had provided some furniture and crockery to the lessees. Furthermore, it was clearly stipulated that the building was leased out for the purpose of running a hotel by the lessees, and for this purpose the lessees were given the right to make suitable alterations in the same, but were prohibited from making any alteration which may effect the durability or damage the building. On the expiry of the period of the lease, the appellants demanded possession of the building from the respondents and despite certain notices given by the appellants the respondents failed to give possession of the building. Hence the plaintiffs' suit.