SADHURAM SAMARIYA Vs. RAGHUNANDAN ARUSIA

JUDGEMENT

(1.) This is a defendant-tenants' appeal arising out of a suit tor eviction filed by the plaintiff-landlord for the ejectment of the defendant-tenant.

(2.) The suit was dismissed by the trial court. The lower appellate court on appeal filed by the plaintiff has decreed the suit. The findings of the lower appellate court, insofar, as, they are relevant are that two shops were let out to the father of the defendant in the year 1938-These shops are adjacent to each other. Thereafter, the defendant became a tenant of the two shops under a single rent note dated 22-4-1951 which covered both the shops. These two shops have been found to have been separated by a partition wall of 4" in thickness.

(3.) It has been found that prior to the plaintiffs father becoming a tenant of the accommodation, there was only one room which was subsequently divided into two by erection of a partition wall which as mentioned above was of 4" width.