KISHAN LAL SHARMA Vs. NANAG RAM SHARMA

JUDGEMENT

(1.) LEARNED first appellate court and the trial Court concurrently held that the tenanted shop was required by he landlord reasonably and bona fidely for the coal business of his son and that the tenant committed default in payment of rent. It is against these findings that the instant second appeal has been preferred by the tenant.

(2.) AS per averments made in the plaint the suit shop was let out to tenant on 1. 2. 1974 on rent at the rate of Rs. 50/- per month. The tenant neither paid nor tendered the rent from 1. 7. 1977 and committed default in payment of rent. It was also pleaded that the shop was required by the landlord for his son who intended to start coal business in it.

(3.) HAVING closely scrutinised the material on record I notice that both the Courts below have considered the extract of house tax register Exhibit-A-1. It appears that house number where the tenanted shop existed, is 1902-1903. It belonged to two brothers viz. , Nanag Ram and Shanker Lal. Shakuntla (PW. 4) the widow of Shanker Lal in her deposition stated that after the division of the property another shop which is adjacent to tenanted shop, came in her possession. It also appears that the said shop was occupied by some other tenant for the purpose of electrical goods business. Shakuntla however deposed that she would not allow landlord's son to run coal business in her shop. The tenant Kishan Lal Sharma (DW. 1) nowhere stated in his statement, that extract of house tax register Exhibit A-1 related to two shops.