KHAJOOLAL Vs. AMARCHAND

JUDGEMENT

(1.) THIS is a tenant's second appeal arising out of a suit for eviction from two suit shops contiguous to each other, belonging to the same land lord, which shops were alleged to have been covered into one shop by removing the intervening partition wall.

(2.) THE two shops were situated in the town Nawa. They belonged to one Maji Dariab Kaur deceased. The shop situated on north side was taken on rent by the defendant from Maji Dariab Kaur on Falgun Vadi 1, Smawat 2009 on a yearly rent of Rs. 20/ - The second shop situated on the south was taken on rent by the defendant 8 years thereafter on a monthly rent of Rs 3.75. Separate rent notes were executed for both the shops. Plaintiff -respondent Amar Chand purchased both the shops treating them as one and got executed a sale deed from Maji Dariab Kaur in his favour on 25 -7 -1964. The defendant was informed of the sale in favour of the plaintiff. According to the plaintiff, the defendant did not pay him the rent inspite of the demand. ON 22 -7 -65 the plaintiff served the defendant with a notice that the defendant should pay rent to the plaintiff from 25 -7 -64 to 13 -7 -65 or till such date on which he thought that his monthly tenancy would terminate and further handover the possession of the shop to the plaintiff. Since the defendant neither paid the rent nor had surrendered the possession of she shop, the plaintiff filed a suit for the arrears of rent and eviction against the defendant on 11 8 -1865 in the court of Munsiff, Nawa.

(3.) THE suit was resisted by the defendant. He denied that he was a defaulter in the payment of rent or that the plaintiff had any bonafide personal necessity for the suit shops The defendant further pleaded that the notice of termination of the tenancy was invalid.