SARDAR SINGH Vs. PRAKASH SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant against the judgment and decree of the learned District Judge, Sri Gangana-gar by which he dismissed the appeal and confirmed the judgment of the learned Additional Munsif, Sri Ganganagar, decreeing the suit for ejectment on the ground of reasonable and bonafide necessity.

(2.) THIS appeal was admitted on 21. 10. 82 on the following question of law, namely:- " Whether the suit for eviction on the ground of personal necessity from the shop in dispute could be entertained before the expiry of 5 years of the coming into force of the new tenancy, which according to the defendant-appellant came into existence on 7. 1. 74?"

(3.) 1. 74. The facts of the cases relied upon by the learned counsel for the appellant are quite different and distinguishable, in 1948 Patna 407, previously a part of the premises was in tenancy and subsequently entire premises were leased out. In 1957 A. P. 619, there was surrender of the tenancy. In 1952 Calcutta 196, previously there were three joint tenants and subsequently there remained only two joint tenants. In 1957 All. 3-46 many terms of the tenancy were changed. Thus no case helps the appellant. In view of these facts and circumstances, it is very difficult to hold that fresh tenancy of the suit shop commenced w. e. f. 7. 1. 74. The provisions of Sec. 14 (3) of the Act are not attracted in the case. The suit is perfectly maintainable. The appeal has no force. 7. In the result, the appeal is dismissed with costs. .