NANAK CHAND Vs. FAIZ ULLAH

JUDGEMENT

(1.) THIS civil second appeal is directed against the judgment and decree of District Judge, Udhampur, dated 13. 12. 1976 reversing the judgment and decree of Sub -Judge, Udhampur, dated 29. 12. 1975.

(2.) THE plaintiff -respondent filed suit for ejectment of the defendant -appellant from a room and a store of his house situate at Udhampur, leased out to him on a monthly rental of Rs. 10 - on the grounds of personal necessity and also for the purpose of re -building the same. According to him, the defendant also defaulted in payment of rent with effect from February, 1969, till the institution of the suit and despite service of the notice, he did not make the payment and he thus also prayed for recovery of Rs. 360/ - as arrears of rent. It was alleged by the plaintiff that the suit -room was in a dilapidated condition and likely to fall any moment as two adjoining rooms had already fallen. The suit was resisted by the defendant on the grounds that the house was not required by the plaintiff for his personal use nor was it in a dilapidated condition as it was repaired by him after spending Rs. 1200/ - which amount was recoverable from the plaintiff. He also denied any amount of rent due against him.

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