LAWS(CAL)-1966-10-9

DWARKA PRASAD ARYA Vs. OM PROKASH MOHTA

Decided On October 06, 1966
DWARKA PRASAD ARYA Appellant
V/S
OM PROKASH MOHTA Respondents

JUDGEMENT

(1.) This appeal is by the defendant and it arises out of a suit for ejectment.

(2.) The suit was instituted on 22ncl September. 1958. It had a long chequered career, and eventually, when it was decreed by the learned trial Judge on 30th March, 1963, the defendant's prayer for relief under Section 114 of the Transfer of Property Act was refused by him as not being in accordance with law.

(3.) It is from this decree that the present appeal has been filed by the tenant defendant, and the only point, which has been urged in support of this appeal, is that, in the circumstances of this case, the defendant appellant should be given relief under Section 114 of the Transfer of Property Act and the ejectment on the ground of forfeiture of the lease for nonpayment of rent, as stipulated therein, should be refused.