OM PARKASH Vs. THAKUR BHAN SINGH AND ORS.

JUDGEMENT

(1.) THIS is a Civil Second Appeal against judgment and decree dated 31.10.2011 passed by the learned Principal District, Jammu in Civil Appeal No. 01/Appeal/48 Appeal, whereby the judgment and decree dated 10.04.2006 passed by the learned Sub Judge, Batote in file No. 06/Civil have been upheld.

(2.) WITH the consent of learned counsel for both the sides, recorded on 01.04.2015, this appeal is taken up for final disposal. The questions of law taken up for determination and adjudication are:

(3.) LEARNED trial court vide judgment dated 10.04.2006 decided issue Nos. 1 and 5 in favour of the plaintiffs holding that the suit shop belongs to the plaintiffs and is under lease to the defendant since 1984 when a new tenancy came into existence by virtue of a compromise decree dated 28.07.1984 between the parties in an earlier suit for eviction filed by the plaintiffs against the defendant in the court of learned Sub Judge, Ramban. Learned trial court decided issue No. 2 in favour of the plaintiffs holding that the defendant proved to be a bad tenant by not paying rent for the month of January, 2004 to September, 2004. Learned trial court decided issue No. 3 in favour of the plaintiffs too holding that the shop is required by the plaintiffs for their existing business which requires expansion as per requirement of their large family. Learned trial court also took up the question in relation to issue of notice by the plaintiffs to the defendant and while holding that tenancy was terminated, decreed the suit in favour of the plaintiffs vide Judgment dated 10.04.2006.