CARONA SAHU CO LTD Vs. SAT PAL KANOTRA

JUDGEMENT

(1.) THIS is an appeal against the judgement and decree dated 45.1983 passed by the learned Sub Judge (CJM) Jammu decreeing the ejectment of the appellant from the house situated at Gandhi Nagar, Jammu.

(2.) THE brief facts leading to the filing of this appeal are that by virtue of a rent note, the appellant took House No. 24, A -B, Gandhi Nagar, Jammu. on rent from the father of the respondent After the death of respondentâ„¢s father, the respondent stepped into his shoes, as being his only legal heir. The relationship of the landlord and tenant was not disputed by the appellant. It is worthwhile to mention here that the suit was filed against the appellant -company as such and not against its local Jammu office because as per the plaint, not disputed by the appellant also in the written statement, it was the appellant who was the tenant of the property in question and not its local Jammu Office. Even though the respondent had pleaded reasonable requirement and comparative advantage over the appellant, the suit was decree vide the impugned Judgement only on the ground about the appellantâ„¢s tenancy having been terminated by issuance of a valid notice, and the provisions of the Houses & Shops Rent Control Act 1966 being inapplicable to the tenancy in question, the appellant was liable to be ejected.

(3.) I have heard learned counsel for the parties and perused the record.