VAIDYA SLTARAMJI Vs. SUNDARLAL

JUDGEMENT

(1.) THIS is an appeal under the Letters Patent on certification by the Single Bench arising out of Second Appeal No. 520 of 1967 (Vaidya Sitaram and others v. Sundarlal) dismissed by the Single Bench on 13-9-1967. The tenant-defendants are the appellants before us. Against them a decree for ejectment and arrears of rent has been made by all the Courts for genuine personal necessity of the landlord-plaintiff who is himself a purchaser from the original landlord that had inducted the tenant-defendants. The last are brothers inter se following in the tenancy their father Kanhaiyalalji who had himself entered as a tenant in the early forties.

(2.) THE only question of law propounded is this. THE tenancy, though originally meant for residential purpose has, according to the tenants, subsequently been converted to a non-residential or a mainly non-residential tenancy. THE plaintiff himself requiring the premises for the residential purposes, it is urged that, in view of the conversion of the purpose, a decree for this purpose cannot be legally granted. THE parties have argued at some length and detail, and the essential points for decision are-