MANI RAM Vs. SAT PAL KAPOOR

JUDGEMENT

(1.) THIS is a civil second appeal against the decree of the learned District Judge, Jammu, dated 16th Oct., 1970 whereby he reversed the decree dated 20th May 1970 for ejectment passed by the Sub -Judge, Jammu against the present defendant -respondents.

(2.) THE brief facts of this case are that a suit for ejectment was brought by the appellant against Satya Pall respondent seeking ejectment from a shop situate at Link Road Jammu, with the allegation that he had let out the shop to Satya Pall from 5th December 1964 at a monthly rental of Rs. 100. The defendant was not entitled to sublet the shop but he had done so. The plaintiff required the shop for his own use and a valid notice for ejectment has been issued to the defendant. The plaintiff sought permission to amend the plaint and by order dated 23 -4 -1968 he was permitted by the Court to amend the plaint and made the so called subtenants as parties to the suit. The plaintiff by means of the amended plaint presented on 10th May 1968 added the other respondents viz. Sohan Lal and Raghuwansh Lal as defendants.

(3.) THE defendants -respondents resisted this suit on various pleas. The main contention of the defendants was that the defendant No. 2 Sohan Lal is the real brother of defendant No - 1 and both the brothers carried on the business jointly in the shop and defendant No. 3 had nothing to do with this business. The shop was run under the name of Messrs Kapoor Cloth House. In the additional pleas they challenged the vali ­dity of the notice; there was no subletting; that the plaintiff had taken an advance rent of Rs. 2000 from the defendant No. 1 out of which Rs. 50 were to be deducted every month against the agreed rent and the remaining Rs 50 were to be paid by the defendant in cash to the plaintiff till the whole amount of Rs - 2,000 was adjusted. The plaintiff did not require the shop for his use, the advance paid would exhaust on 5 -5 -1968, the suit was therefore, premature.