(1.) By the instant Civil Second Appeal, the appellants are seeking setting aside of the judgments and decrees dtd. 28/7/2014 and 8/6/2019, for short impugned judgments and decrees, passed by the courts of Sub Judge, (Judge Small Causes) Srinagar, for short trial court and the Additional District Judge, Srinagar, for short Appellate Court, respectively, on the grounds taken in the memo of appeal.
(2.) Brief Facts Briefly put the controversy as it is delineated before the trail court and appellate court is that two tin roofed shops situated at Jawahar Nagar, Srinagar, hereinafter for short as suit property, are owned by the respondent who rented out the same to the husband of the appellant no. 1 and father of appellants 2 to 6, herein at a monthly rent of Rs.210.00 for a period of one year in terms of lease deed dtd. 20/3/1981, effective from 1/3/1981. The respondent issued a notice to the appellants for evicting the suit property after the lease expired through his advocate firstly on 26/2/1982, thereafter, through registered AD notice dtd. 23/12/1982 projecting his personal requirement for the suit property and seeking payment of arrears of rent amounting to Rs.4515.00. Since the possession was not delivered to the respondent, therefore, he filed a Suit for Ejectment before the trial court on 16/11/1983, projecting inter alia that he requires the suit property for his personal requirement and that the defendants/ appellants have committed more than three defaults within 18 months in the payment of rent, therefore, are liable to be ejected. The following prayer was made in the suit by the respondent/ plaintiff:
(3.) The trial court, in order to appreciate the merit of the case, framed the following issues for determination: