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2021 Supreme(J&K) 295

Mst Jameela Bano – Appellant
Versus
Qazi Abdul Rashid – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Nissar Ahmad Bhat, Advocate
For the Respondent:Mr. B.A. Bashir, Sr. Advocate with Ms Falak Bashir, Advocate

JUDGMENT :

1. By the instant Civil Second Appeal, the appellants are seeking setting aside of the judgments and decrees dated 28.07.2014 and 08.06.2019, for short impugned judgments and decrees, passed by the courts of Sub Judge, (Judge Small Causes) Srinagar, for short trial court and the Additional District Judge, Srinagar, for short Appellate Court, respectively, on the grounds taken in the memo of appeal.

BRIEF FACTS

2. Briefly put the controversy as it is delineated before the trail court and appellate court is that two tin roofed shops situated at Jawahar Nagar, Srinagar, hereinafter for short as suit property, are owned by the respondent who rented out the same to the husband of the appellant no. 1 and father of appellants 2 to 6, herein at a monthly rent of Rs. 210/- for a period of one year in terms of lease deed dated 20th March, 1981, effective from 1st March, 1981. The respondent issued a notice to the appellants for evicting the suit property after the lease expired through his advocate firstly on 26th February, 1982, thereafter, through registered AD notice dated 23rd December, 1982 projecting his personal requirement for the suit property and seeking payment of arrears

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