1 This is landlords appeal against the dismissal of his suit for ejectment of the respondent-tenant from the non-commercial premises required for personal use & occupation as he wanted to settle down at Udhampur, his native place, after retirement from government service in Jammu where he had been living in a hired accommodation.

2 The landlord, inter alia, pleaded that the suit premisess being part of joint family property, it was leased to the respondent by his brother as member of the Joint Hindu Family. Later on a partition, this part of the house fell to his share & the respondent apprised of this change in the title of the property and asked to attorn to him. The trial court joined the parties to the following issues :

1. Whether the plaintiff (brother of defendant No; 2) is the landlord of defendant No; 1 ? OPP

2 Whether the plaintiff requires the suit property for his personal necessity? OPP

3. What are the comparative advantages and disadvantages of the parties in case of eviction? OPP

4. To what amount of arrears of rent the plaintiff is entitled to & to what amount of mesne profits he is entitled and from what date ? OPP 5. Rel

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