NEEL KANTH Vs. DEWAN CHAND

JUDGEMENT

(1.) This Civil Second Appeal has been filed against the judgment and decree dated 30-3-1996 passed by the learned 1st Addl. District Judge, Reasi whereby he affirmed the judgment and decree dated 16-12-1987 passed by the learned Sub-Judge, Reasi. The factual matrix of the case is that respondent (landlord) purchased the suit shop from its original owners, namely, Bodh Raj and Des Raj which was occupied by the appellant as a tenant. After some time he filed the suit for ejectment on the basis of personal necessity. The suit was resisted and the following issues were framed :-

(2.) On 23-5-1981, the following additional issue was raised:-

(3.) Issues Nos. 1, 2, 3, 4 and 9 were treated as preliminary issues and decided on 9-5-1981. Issues Nos. 3 and 4 were not pressed. Issue No. 1 was decided with the findings that Nazool Department was not a necessary party. Issue No. 2 was decided by holding that appellant herein was estopped to deny the title of respondent in view of the law laid down in 1980 Kash LJ 60. Issue No. 9 was not pressed by the respondent herein and it was decided against him. On 16-12-1987, the remaining issues i.e. Issues Nos. 5, 6, 7 and 8 as well as additional issue were decided against the appellant and decree for ejectment was passed in favour of the respondent.