CHINTA DEVI Vs. RIKHI KESH SHARMA

JUDGEMENT

(1.) A suit for ejectment on the ground of three legal defaults in the payment of rent was filed by the respondent against the appellant in the trial court which was decreed and the appeal preferred by the appellant -tenant was dismissed by the appellate court below.

(2.) THE facts giving rise to the filing of the present appeal are that the lease -premises were obtained on rent by the husband of the appellant in the year 1961 on a monthly rental of Rs. 18/ - which was subsequently enhanced to Rs. 30/ -. On the death of her husband, the appellant started running the shop in question through Dwarka Nath. The suit shop was alleged to be reasonably required by the respondent -landlord for his personal use and occupation and that the defendant failed to pay the rent despite notice. On the pleadings of the parties the following issues were framed:

(3.) ISSUES 1 and 2 were decided against the plaintiff and while returning the finding on issue No. 3 the Court held that the plaintiff has succeeded in proving that the appellant had not paid the whole rent to the landlord incurring a liability of ejectment under Sec. 11 (i) of the J&K Houses & Shops Rent Control Act (hereinafter referred to as the Rent Control Act) The first appellate court confirmed the finding of the trial court on issue No. 3 and held that the appellant -tenant was proved to have committed defaults in the payment of rent within the meaning of Sec. 11 (i) of the Rent Control Act.