PUNAMCHAND Vs. RAMLAL

JUDGEMENT

(1.) THIS second appeal arises out of a plaintiff's suit for ejectment and arrears of rent.

(2.) PLAINTIFFS sued the the defendant to recover possession of the premises let out to him. The premises consisted of an Otla and an Osari near a stair -case which they had let out to the defendant on Rs. 11/ - P. M. for a Pan shop. A rent -note was executed by the defendant for these premises. The plaintiffs by the present suit sought ejectment of the defendant on the ground that they needed the premises for the use of themselves and the members of their family for the purpose of residence The plaintiffs alleged termination of tenancy by notice to quit. They also claimed arrears and mesne profits The defendant resisted the suit.

(3.) MR . Ojha for the appellant raised two points in the memorandum of appeal, Firstly it was contended that the provisions of Section 5 (2) of the Accommodation Control Act are ultra vires the Constitution as they offend Article 19(1) (f) of the Constitution. Secondly it was contended that on the plaintiffs' own case the property in question was let for non -residential purpose. The plaintiff sought ejectment for residential purpose. This the law does not permit and on that ground alone the suit for ejectment ought to fail.