GIRIRAJ KISHORE Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS is a defendant's Second appeal against the judgment and decree dated the 23rd of April, 1960 passed by the II Addl. District Judge, Gwalior, in Civil Appeal No. 17 of 1959.

(2.) THE facts giving rise to the suit out of which the present appeal arises may briefly be stated as follows: The defendant is in occupation of premises comprising of a non -residential and residential portion at a total rent of Rs. 60 p. m. under two separate rent deeds dated 1 -3 -1955. The lease was for a period of three years. The plaintiff -respondent terminated the tenancy by serving a notice of eviction on the ground that he required the premises for his own residential as well as business purposes.

(3.) THE trial Court decreed the plaintiff's suit for eviction and also awarded mesne profits at the rate of Rs. 60 - p. m. plus compensation in the sum of Rs. 720 to the defendant for eviction from the non -residential portion.