PHUNDILAL Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is Defendant's second appeal from the decree passed against hip by the Additional District Judge, Gwalior, for ejectment from a portion of a house situated in Phalke Bazar, Lashkar and for Rs. 8 as arrears of rent. The suit had been dismissed by the trial Judge.

(2.) INITIALLY Phundilal and Rambabu Defendants were tenants of Ramchand and Bansilal, who subsequently sold the house on November 22, 1955, to Ashok Kumar, Plaintiff. It was alleged in the plaint that the Defendants had executed a rent -note on September 19, 1941 agreeing to pay Rs. 8 per month as rent for the suit portion on the ground floor. The salt portion consists of one shop and two rooms attached to it. It was further alleged that the Plaintiff required the suit premises for his own residence, that before purchasing the property notices had been given to the Defendants by the intending purchaser and the intending vendor, and that after the sale the Plaintiff gave another notice of eviction to the Defendants. The Defendants resisted the suit inter alia on the ground that the accommodation being nonresidential, no decree for eviction could be passed on the ground of residential requirement.

(3.) THE lower appellate Court has taken a contrary view holding, in main, that the suit portion "is and can be conveniently used for residential purposes."