AJESH GUPTA Vs. BHUPINDER SINGH

JUDGEMENT

(1.) A shop, situated at Link Road, Jammu, was given on rent to the appellants in the year 1969 on a monthly rent of Rs. 120. Suit for eviction was filed in the year 1982 and after a lapse of 19 years the trial Court passed the order of eviction. The order of the trial Court has been affirmed by First Appellate Court approximately after a period of eight years. The decree has been passed on the basis of personal necessity of the plaintiff. Both the Courts below have, after appreciating the evidence, held that the necessity of the plaintiff was more than that of the, appellants.

(2.) The appellants have contested the orders of the two courts below mainly on the ground of non-framing of issue of partial eviction for determining whether the requirement of the plaintiff could be satisfied by partial eviction from the premises.

(3.) It was contended by Mr. Gupta that in terms of the judgment of the Apex Court, it was mandatory on the part of the trial court to frame an issue of partial eviction.