GHULAM RASOOL KHAN Vs. GHULAM HASSAN AND ORS.

JUDGEMENT

(1.) This second appeal by the defendant-tenant arises from a suit for eviction and recovery of rent and is directed against the judgment of the Additional District Judge, Srinagar affirming the judgment of the City Judge, Srinagar decreeing the plaintiffs suit.

(2.) The case of the plaintiff, Mohd Shaban (who died during trial of the suit, now represented by the respondents), is that in July, 1967 the suit premises which is shop was let out to the defendant for eleven months on annual rental of Rs. 450 but rent was payable on monthly basis. A rent deed to that effect was executed by the defendant From 6th July 1981 he stopped paying rent despite notice. Finally a registered notice was sent asking him to pay the rent which had accumulated to Rs. 1350. The defendant did not take notice nor paid rent. Having committed three defaults during eighteen months after service of notice, the defendant was liable to eviction from the shop in terms of the Jammu and Kashmir Houses and Shops Rent Control Act, 1966 (hereinafter referred to as the Act). The plaintiff also sought eviction on the ground that he required the shop for personal use - his own as well as children's - for carrying on business. He stated that being pensioner it was difficult for him to sustain his family which included unmarried daughters. The plaintiff also alleged that the shop was let out for doing business but was being used for manufacture of utensils i.e. for purpose other than for which it had been rented out.

(3.) The defendant-appellant denied the plaintiffs case in the written statement stating that he had paid rent upto 1982. He had tendered rent in advance for 1983 which the plaintiff refused to accept where after the rent was sent by money order, but that too was refused. He then deposited the amount of Rs. 800 being rent upto September 1984 with the Rent Controller. The appellant also denied the plaintiffs case that he required the shop for his own use or that the premises was being used by him (defendant) in contravention of the purpose for which it was given to him.