NAND KISHORE Vs. JAGDISH CHANDER JAIN

JUDGEMENT

(1.) THE property bearing number B. IV 232, Kucha Malerimal, Ludhiana is owned by Jagdish Chander Jain respondent and is in occupation of Nand Kishore, petitioner as a statutory tenant. The respondent, on behalf of his father, had let out the premises to Amar Nath, father of the petitioner, in February, 1947, allegedly for business and residential purposes. Amar Nath died in 1957. On 15th September, 1973 the respondent filed an ejectment application against the petitioner on the grounds of non-payment of rent, personal necessity and the petitioner having impaired its value and utility.

(2.) THE arrears of rent was tendered and accepted on the first date of hearing. The petitioner denied that the value and utility of the property had been impaired or that he was liable to be ejected on the ground of personal necessity on the part of the respondent as the property had been let out exclusively for commercial purpose.

(3.) THE main contest between the parties is about the use of the premises for which it was let out. In the rent note (mark 'A') dated 7th February, 1947, executed by Amar Nath about the premises in dispute for the period 17th January, 1947 to 16th January, 1950 at the rate of Rs. 10/- per mensem, it is written that the same had been let out for business and residential purposes.