BODH RAJ Vs. OM PARKASH

JUDGEMENT

(1.) THIS is landlords appeal against the dismissal of his suit for ejectment of the respondent -tenant from the non -commercial premises required for personal use & occupation as he wanted to settle down at Udhampur, his native place, after retirement from government service in Jammu where he had been living in a hired accommodation.

(2.) THE landlord, inter alia, pleaded that the suit premisess being part of joint family property, it was leased to the respondent by his brother as member of the Joint Hindu Family. Later on a partition, this part of the house fell to his share & the respondent apprised of this change in the title of the property and asked to attorn to him. The trial court joined the parties to the following issues :

(3.) THE trial court found the first issue in favour of the plaintiff -appellant. The second issue was decided against him while no finding was recorded on issue No; 4 because the arrears of rent had been liquidated in the light of the interim order of the trial court dated 20 -10 -1983. The first appellate court, however, reversed the findings of the trial court on issues I & 2 by holding that the relationship of landlord & tenant between the parties was not established though the reasonable requirement of the landlord stood proved. It also recorded a finding on issue No; 3 holding that ejectment of the tenant would be comparatively advantageous for the landlord. It however, dismissed the suit for want of privity of contract between the parties.