ABDUL AZIZ KHAN Vs. GHULAM MOHAMMAD LANGOO

JUDGEMENT

(1.) Judgment and decree dated 28th December 2012, passed by the Additional District Judge, Srinagar (for brevity 'Trial Court') in a Suit for ejectment and recovery of arrears of rent is under challenge in this Appeal on the grounds tailored therein.

(2.) As is discernible from pleadings of parties as also evident from the record, Ghulam Mohammad Langoo (respondent herein), filed a Suit for ejectment and arrears of rent against appellant-defendant in respect of a shop and room (for short 'suit premises') under the tenancy of defendant on the grounds that defendant defaulted in payment of rent and suit premises is required by him for his own use and occupation in order to enable his son, Mohammad Amin Langoo, to run business of his own, who is running business in partnership with his brother but have separated now. He has thus dire need to occupy the suit premises to carry on his own business.

(3.) The suit-premises was taken on rent by defendant-tenant from plaintiff on monthly rent of Rs. 350/- for a period of eleven months. In this regard a rent deed was executed on 7th July 1997. The rent was agreed to be paid on 10th of every month. The case of the plaintiff is that defendant from the very beginning defaulted in making payment of rent. After expiry of initial period of eleven months, defendant did not seek its extension, nor he vacated suit premises and continued to remain in possession. Defendant is alleged to have not paid rent from 1st July 1997 nor did he vacate suit premises. Plaintiff demanded rent and also asked defendant to vacate premises but he refused. Notice was served upon defendant asking him handover possession of suit premises and pay arrears of rent as well as damages. In the notice, plaintiff claimed that suit premises was required by him for occupation of his son, Mohammad Amin Langoo, to enable him to run his business in the suit premises. Plaintiff, thus, sought eviction of defendant-tenant on the grounds of default and reasonable requirement to occupy for his son.