NEW BANK OF INDIA Vs. RAJ KUMARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of Sub -Judge (C. J. M). Jammu dated 15th, July 1982, decreeing the suit of the plaintiff -respondent for ejectment of the appellant from shops No. 34, 35 & 36 situate in K. C. Market, Jammu.

(2.) THE above said shops were leased out to New Bank, of India, appellant -defendant by the respondent -plaintiff on a monthly rent of Rs. 700/ -. The plaintiffs case was that the tenancy so created was oral stNing from the first of every english calander month and terminable at will. The defendant had advanced an amount of Rs. 40, 000/ - to her which was repayable from out of the monthly rent and the same had since been repaid with interest. She sought ejectment of the defendant from the abovesaid premises mainly on the ground that the annual income of the defendant was more than Rs 40,000/ - and the defendant was more than Rs. 40, 000/ - and the defendant -bank did not enjoy the protection of the J&K. Houses and Shops Rent Control Act and the tenancy was determined by serving upon the defendent notice No. 32/AB/80 dated October 24, 1980. The notice was duly served upon Chairman of the defendant -bank and its manager of Jammu branch on October 25, 1980.

(3.) THE defendant resisted the suit on two grounds: firstly, that income of the defendant -bank was less than Rs. 40, 000/ -, and secondly, that notice received by the defendant -bank, was defective in law and it did not amount to termination of tenancy.