OM PARKASH Vs. BAWA DHARAM DASS

JUDGEMENT

(1.) THE appellant who is the landlord brought a suit against the respondent who is the occupancy tenant under him for ejectment of the latter from two parcels of land aggregating 20 Kanals and 17 Marlas comprised in Khasra Nos. 73 and 74 of village Gopal Pora, Tehsil Jammu.

(2.) THE ejectment of the respondent from the suit land was sought by the appellant on the grounds that the land had been given to the defendant only for cultivation but the defendant had planted an orchard thereon and thus rendered it unfit for cultivation, that the defendant had failed to pay the Malakana and to cultivate the land for more than a year.

(3.) THE suit was resisted by the defendant inter -alia on the ground that an orchard was planted by him about 17/18 years ago and that planting of an orchard could not be a ground for his ejectment.