BALWANT RAJ NANDA Vs. PREM PAUL SURI

JUDGEMENT

(1.) THIS Second Appeal arises out of the judgment and decree passed by learned First Additional District Judge, Jammu on October 31, 1984 dismissing the suit of the appellant for ejectment from the shop in dispute by reversing the judgment & decree passed by City Judge, Jammu in Civil suit No : 50 of 1978 on July 6,1984, whereby the suit of the plaintiff under section 11 (1) (h) of the J&K Houses & Shops Rent Control Act. 1966 (hereinafter called the Act) was decreed in Favour of the present appellant.

(2.) THE facts out of which the present appeal arises summarily stated are : - That the appellant brought a suit for the ejectment of the shop situated at Mohalla K. Lakhdata Bazar, Jammu against the respondent, which was rented out to him for a period of three months on March 3, 1975 at a monthly rent of Rs. 150/ -. It is not disputed that after the said period of tenancy, respondent became month to month tenant. The appellant is a pensioner retired in October, 1974 and instituted the present suit on July 25, 1978 on the ground that he bonafidely & reasonably requires the suit shop for his personal use and occupation as he wants to start his own business therein. The respondent resisted the suit of the appellant on various grounds and contemned that the suit is brought with ulterior motive to enhance the rent and denied the requirement of the appellant.

(3.) THE learned trial court on the pleadings of the parties framed the following issues : - 1. Whether the plaintiff reasonably requires the suit shop for his personal use ? O. P. P. 2. Whether the requirement of the plaintiff is greater than that of the defendant? O. P. P. 3. What are the comparative advantages and disadvantages to the parties in case of ejectment ? O. P. P.