MIRCHUMAL Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS is a defendant's second appeal in a suit for ejectment and is directed against the appellate decree of the learned District Judge, Partabgarh ejecting the tenant on the ground of bona fide personal necessity of the landlord.

(2.) THE suit was instituted by two plaintiffs Ramchandra and Baijnath who were the father and son respectively. The subject-matter of the suit was a Nohra, that is, an unbuilt plot with walls. It was let out to the defendant-appellant on a monthly rent of Rs. 15/- on 1-6-1962. The plaintiffs terminated the tenancy saying that plaintiff no. 2 Baijnath wanted to construct a house on the plot for his own residence. Besides the plea of bona fide personal requirement several other averments were made, but as the suit was decreed only on the ground of personal necessity and that ground alone was agitated before the lower appellate Court, it is not necessary to refer to the other grounds in the plaint for ejectment

(3.) THE defendant contested the suit. He denied that the plaintiff had any necessity for the suit Nohra for his residence after constructing a house thereon. He stated that the plaintiff was living with his father in a house which had 11 rooms.