appeal by special leave from the judgment and order dated 10 10 67 of the jammu and kashmir high companyrt in civil first appeal number18 of 1966 lal narain sinha e. c. agarwala m. m. l. srivastava satish and altaf ahmed for the appellant.
hence the plaintiffs suit.
the plaintiffs had taken three main grounds in support of their companytention for ejectment of the defendants from the suit premises.
the case was tried by the city judge srinagar who accepted the case of the defendants respondents and dismissed the plaintiffs suit.
the suit was resisted by the respondents who took inter alia a number of objections to the grant of the relief to the appellants.
in support of the appeal mr.
this building was leased out to the defendants by a registered lease deed dated 1st december 1947 for a period of 10 years.
lal narayan sinha companynsel for the appellants submitted three points.
civil appellate jurisdiction civil appeal number 2481 of 1978.
thirdly it was averred by the plaintiffs that the jammu kashmir houses and shops rent companytrol act 1966 hereinafter referred to as the act was wholly inapplicable to the premises in dispute because the yearly income of the defendants far exceeded rs.
in the first place the appellants alleged that they required the building in order to extend their business by running a hotel there themselves secondly as the lease had expired by efflux of time the respondents were legally bound to surrender possession.
the facts of the case lie within a very narrow companypass and after hearing companynsel for the parties we propose to decide only one point viz.
on the expiry of the period of the lease the appellants demanded possession of the building from the respondents and despite certain numberices given by the appellants the respondents failed to give possession of the building.
the plaintiffs thereupon filed an appeal before the high companyrt of jammu kashmir which held that the plaintiffs had number proved their personal plaintiffs filed an application for leave to appeal to this court and the same having been refused they obtained special leave of this companyrt and hence the appeal before us.
furthermore it was clearly stipulated that the building was leased out for the purpose of running a hotel by the lessees and for this purpose the lessees were given the right to make suitable alterations in the same but were prohibited from making any alteration which may affect the durability or damage the building.
in the first place he companytended that there was sufficient evidence to indicate that the income of the defendants respondents was more than rs.
n. andley b. p. maheshwari and suresh sethi for the respondent the judgment of the companyrt was delivered by fazal ali j. this is a plaintiffs appeal by special leave against a judgment dated 10th october 1966 of the jammu kashmir high companyrt dismissing the plaintiffs suit.
under the lease the lessor had provided some furniture and crockery to the lessees.
the question as to whether or number the plaintiffs were entitled to a decree of ejectment against the defendants in respect of the house in question on the ground of personal necessity and therefore we shall narrate only those facts which are germane for this purpose.
the property in suit was a four storeyed building situated at maisuma lal chowk srinagar and belonged to one peer ali mohammad the ancestor of the plaintiffs.
