ATUL CHANDER MALHOTRA Vs. VIJAY GUPTA

JUDGEMENT

(1.) THIS Civil Second Appeal under sec.100 C.P.C. arises out of the judgment and decree dated 11.5.1994 passed by learned District Judge Jammu whereby the suit of the plaintiff decreed by the learned City Judge, Jammu vide his judgment dated 11.9.1990 has been dismissed.

(2.) THE original defendant, the predecessor -in -interest of the respondent herein was the tenant of the suit premises at a monthly rental of Rs. 70/ -. The tenancy commenced in March 1970.The defendant/tenant has executed a rent note in favour of the plaintiff/landlord. The plaintiff who is appellant herein filed a suit for ejectment of the defendant/tenant on the twin grounds; one that the defendant has committed three defaults towards the payment of rent being in arrears since March 1981 to the date of the filing of the suit i.e. February 1985; two; that plaintiff needs the suit premises for his personal use and occupation. Learned trial court by its judgment and decree dated 11.19.1990 decreed the suit of the plaintiff on the sole ground of commission of three defaults in payment of rent by the defendant and rejected the claim of the plaintiff in respect of his personal necessity.

(3.) AGGRIEVED by the judgment and decree of the trial court the defendant/tenant filed an appeal before the court of District Judge Jammu. Learned District Judge by his judgment and decree dated 11.5.1994 reversed the judgment and decree of the trial court and dismissed the suit, hence the present appeal of the landlord/plaintiff.