CHAMAN LAL Vs. KEWAL KRISHEN

JUDGEMENT

(1.) THIS is defendants Civil Second Appeal against the judgment and decree dated 10.8.1981 passed by the learned District Judge, Anantnag (First Appellate Court) for the eviction of the appellants from the suit property as a whole, and arises in the following circumstances of the case.

(2.) THE plaintiffs respondents herein filed a suit for ejectment of the defendant/appellant from a building consisting of three storeyed Pacca house with tower, two shops, bath room etc. situated at Gazi Mohalla Anantnag, inter alia, on the ground that the suit premises were required by the plaintiffs for their own personal use. In the said suit, the plaintiffs also prayed for recovery of Rs. 1,000/ - on account of compensation for use and occupation of the suit premises at Rs. 333.33 per month with effect from October, 1973, to December, 1975, and for pandentelite compensation for use and occupation at Rs 450/ - Per moth. It was further averred in the plaint by tie plaintiffs that the suit premises was owned by the plaintiffs and leased out to the defendant for a period of one year on the basis of agreement of lease dated 8.121973 registered on 6.3.1974 with effect from 1.10.1973.

(3.) THE defendant resisted the suit inter alia, on the ground that the suit would be governed by the Rent Control Act and not by the Transfer of Property Act as alleged in the plaint and that the suit property was not required by plaintiffs for their personal use. In any case, the dis -advantage in the event of eviction of the defendant far out -weighs the dis -advantage, if any, of the plaintiffs.