RAM LAL Vs. GIRRAJ

JUDGEMENT

(1.) THIS second appeal having been filed by legal representatives of the defendant-tenant (Chandaram who died pendente suit) arises out of the judgment and decree of the trial court which were affirmed by the first appellate court also.

(2.) PLAINTIFFS (namely, Girraj Sharan, Cm Prakash, Pradeep Kumar, Suresh Kumar (sons) and Smt. Resham Kaur (widow) of Shri Bal Krishan Sharma, instituted a civil suit and sought therein a decree of eviction against the defendant-tenants (appellants) on the following assertions : (1) that the tenant had not paid rent of the suit shop for the period from 16. 2. 1970 to 28. 2. 1972 and, therefore, the tenant had been defaulter; (2) that, the suit shop is needed reasonably and bonafidely by the landlord so as to carry on business of electrical apparatus etc. by Suresh (plaintiff No. 4), of which he has got good experience; (3) that, the suit shop had been parted with possession by the tenant to Motiram and, therefore, the suit shop has been sublet and seemingly not needed by the tenant, and (4) that the tenaney has come to an end as the tenant in their reply to the notice denied the ownership of the landlord (plaintiffs ).

(3.) THE conclusion drawn on issue Nos. 1, 5 & 6 by the trial Court and the decree of eviction were affirmed by the first appellate court in appeal moved by the tenants. Hence this second appeal.