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1967 Supreme(J&K) 20

JANKI NATH BHAT, B.MUKERJI
Bega Begum – Appellant
Versus
Ab. Ahad Khan – Respondent


Advocates Appeared:
Advocate For Appellant: D.N. Mahajan
Advocate For Appellant: J.N. Bhan
Advocate For Respondent: Sundar Lal
Advocate For Respondent: J.L. Chowdhry
Advocate For Respondent: Nanak Chand

BHAT, J.: - This is a civil first appeal preferred by the plaintiff-landlords against the defendant-tenants challenging the decree of the City Judge, Srinagar, dated 30-3-1966 whereby he dismissed the suit of the plaintiffs for ejectment. The plaintiffs case is that the predecessor-in-interest of the plaintiffs, Peer Ali Mohammad. Let out to the defendants a three storeyed building with a tin roofed kitchen and land underneath and appurtenant thereto situated near the Palladium Talkies, Srinagar, by a registered lease deed dated 4th Poh 2004 corresponding to 17th December 1947 for a period of ten years beginning from 1st December 1947 on an annual rental of Rs.5,000/-.

(2) Peer Ali Mohammad died in the year 1953 and defendant No. 10, the widow of Peer Ali Mohammad, transferred her share in the property in favour of plaintiff No. 4. Hanifa Begum, daughter of Peer Ali Mohammad. The lease expired on 1st December 1957and even thereafter the defendants had badly damaged the property. The earnings of the defendants from this property were more than Rs. 2,000 P.M. The plaintiffs bana fide required the property for their own business purposes. The Rent Control Act, it was contended, was no




























































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