LAWS(J&K)-1968-12-4

OM PARKASH Vs. HARI RAM

Decided On December 07, 1968
OM PARKASH Appellant
V/S
HARI RAM Respondents

JUDGEMENT

(1.) SHRI Om Parkash alias Vidya Parkash, Sat Parkash and Shakti Parkash sons of GRam Mahajan, residents of Udhampur, brought a suit in the court of the Subordinate Judge, Udhampur, against Shri Hari Ram and Shiv Ram sons of Narsingh Dayal Mahajan, residents of Udhampur for ejectment of the latter from the shop premises described in paragraph 1 of the plaint on the ground that the premises were required by them i. e. the plaintiff for their occupation.

(2.) THE suit was resisted by the defendants -respondent, interalia, on the ground that the notice as required under section 106 of the Transfer of Property Act had not been duly served on them, that the shops were not reasonably required by the plaintiffs for their own use and occupation and that the suit had been brought with the ulterior object of enhancing the rent of the premises.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial