PARSHOTAM LAL Vs. KALAYAN SINGH

JUDGEMENT

(1.) THIS second appeal is directed against the Judgment and the decree of the learned District Judge, Jammu dated 24th October 1961. decreeing the plaintiff's suit for ejectment from a shop after reversing, the Judgment of the trial court being the Munsiff, Judicial Magistrate, Jammu dated 22 May, 1969, whereby, he had dismissed the plaintiff's suit.

(2.) THE suit was filed on 2-5-66, for ejectment of the defendant, Parshotam Lal from a shop situate at Parade ground, in the City of Jammu, on the ground of personal necessity within the meaning of Section 11, of the Jammu and Kashmir Tenancy (Stay) of ejectment proceedings Act, 1966, Act No. XXXIII of 1960 referred to hereafter us the Act.

(3.) IT was urged on the defendant's behalf that he had no other source of income, except the business, which he has been carrying on in this shop and in the event of this ejectment, his family, consisting of 4 children, and his wife would be thrown on the street.