GH MOHI-UD-DIN Vs. ZAFFIR AHMED

JUDGEMENT

(1.) THIS second appeal arises out of a suit for ejectment. The trial court of Second Addl. Munsiff Srinagar, dismissed the suit of the plaintiff - respondent by his decree and judgment dt 4 -11 -1981. On appeal the Sub -Judge, (CJM) decreed the suit of the plaintiff by his judgment and decree, dt. 23 -9 -1982 and this appeal is preferred by the tenant against his eviction.

(2.) FACTS relevant for the present controversy are put briefly as under; -

(3.) THE defendant -appellant has entered as a tenant of the shop in question by means of Rent Note dt: 1 -12 -1961 for a period of II months on a monthly rental of Rs. 25/ -. The suit shop is said to be required by the plaintiff No 1 for his son Mirza Jamil Ahmad who is dependent on him. It is stated that the said son of plaintiff No. 1 is unemployed and for his reasonable requirement, for conducting business on the suit shop, the plaintiff needs the shop. In the written statement, the defendants have denied the reasonable requirement of the plaintiff. It is stated that the plaintiff has instituted the suit only with a view to increase the rent. About Jamil Ahmed, son of plaintiff No. 1, it is stated that he is minor and is a tenth class student. He has been mentioned only as a pretence, otherwise the suit shop is not required by the plaintiff