BHAGWANDAS Vs. KANMAL

JUDGEMENT

(1.) THIS is the defendant tenant's second appeal arising out of a suit for ejectment based on personal necessity.

(2.) THE demised premises out of which the defendant was sought to be ejected is situated in Naya Bazar, Ajmer. The learned Munsiff, Ajmer after framing issues and recording the evidence of the parties and hearing the argument deceased the suit in favour of the plaintiff by his judgment and decree dated November 25, 1972 In appeal the said judgment and decree were affirmed. The aggrieved tenant has filed this appeal.

(3.) THE learned Counsel for the appellant has urged that in view of the amendment of Section 14 of the Act No. XVII of 1950 the decrees passed by both the courts below cannot be upheld, because they were passed only on the ground of reasonable, bonafide and personal necessity of the landlord, and comparative hardship to the landlord tenant was not considered.