JODHRAJ Vs. SULEMAN

JUDGEMENT

(1.) THIS is a defendant-tenant's second appeal arising out of a suit for eviction from a shop. The tenancy is admitted.

(2.) THE suit for eviction is based on two grounds, viz. (1) default on the part of the tenant in paying rent; and (2) reasonable and bonafide personal necessity of the land-lord. Both the lower courts have accepted the plaintiff's version that the shop in question is required by the plaintiff for his son, who wishes to carry on business in that shop. Learned counsel for the appellant has assailed this finding on the ground that the plaintiff has failed to establish his reasonable and bonafide personal necessity and there is a clear variance in pleading and proof. He has, therefore, contended that the finding of the learned District Judge on this point is liable to be set aside.

(3.) TAKING all the circumstances into consideration, the appellant is granted four months' time to vacate the shop provided he pays the arrears of rent upto the end of June, 1969, if any, within one month from today and also goes on paying rent month to month hereafter regularly within fifteen days of its falling due.