LAWS(J&K)-2005-9-15

SHAM DASS Vs. VIDYA DEVI

Decided On September 19, 2005
SHAM DASS Appellant
V/S
VIDYA DEVI Respondents

JUDGEMENT

(1.) PETITIONER herein was plaintiff -landlord in the suit filed by him for ejectment against the tenant (original defendant) predecessor in interest of the respondents. He sought ejectment of the tenant on two grounds; (a) that the defendant had made three defaults in payment of rent within a period of 18 months; and (b) that the premises was personally required by him for re -building purpose.

(2.) LEARNED Ist Additional Munsiff, Forest Magistrate, Jammu tried the suit and dismissed the same by his judgement and decree dated 31 -3 -2002. The plaintiff went in appeal before the learned District Judge, Jammu, who by his order dated 31 -07 -1993 reversed the judgement and decree of the trial court and decreed the suit in favour of the plaintiff.

(3.) THE respondents filed Civil Second Appeal against the judgement and decree of the learned District Judge. The appeal of the defendants was allowed and the suit of the plaintiff was dismissed by judgement -dated 10.02.2003. Aggrieved by the dismissal of the suit in Civil Second Appeal NO: 32/1993, the plaintiff -landlord has preferred the present review.