UNION OF INDIA Vs. NARAIN SINGH

JUDGEMENT

(1.) THIS Civil first appeal is directed against the judgment dated November 30, 1972, of the learned Addl. District Judge, Jammu, decreeing the respondents' suit for ejectment of the appellant from the respondents' house called 'Tigers Den' situate near the Dogra Hall, Jammu.

(2.) IT appears that the Union of India, appellant herein, through its Divisional Engineer, Telegraphs, Jammu, got on lease the aforesaid house of the respondents on April 10, 1967, at a monthly rental of Rs. 950/- which was to enure upto December 31, 1970. The rental value of the property having shot up during the currency of the lease, the respondents called upon the appellant to have the rent re-assessed. Failing to get a favourable response, the respondents served a notice under Section 80 of the Civil P. C. on the appellant intimating to it that the tenancy would stand terminated by efflux of time on December 31, 1970 and its possession beyond that date would be treated as unauthorised and it would be liable to pay Rs. 2460/- per month for the use and occupation of the premises beyond December 31, 1970, as per schedule of the CPWD rates. After the expiry of the aforesaid period of lease on the failure of the appellant to vacate the house, the respondents instituted a suit for ejectment of the appellant from the aforesaid house on April 29, 1971.

(3.) ON the pleadings of the parties, the following issues were framed:-