It was held by the learned Sub Judge that the ground of bona fide requirement of the landlord as well as unlawful sub letting by the sub lessee had been established.
Indro Devi instituted a suit in the Court of the learned Sub Judge, Jammu for recovery of possession of the said land on the ground that Reghunath Dass had sub let the house companystructed by Raghunath Dass on the said land and was liable to be evicted under the provisions of the Transfer of Property Act read with Section 11 of the Jammu Kashmir Houses and Shops Rent Control Act hereinafter referred to as the J K Rent Act .
On these findings the suit was decreed.
2821 of 1987 From the Judgment and order dated 4.9.1986 of the Jammu and Kashmir High Court in 15 Civil 2nd Appeal of 1975.
It was further held that the sub lease granted by Guranditta Mal to Raghunath was valid.
The period of the said sub lease had expired and it was alleged that in the aforesaid circumstances, the respondent was liable to be evicted.
This decision was upheld on first appeal by the learned Additional District Judge, Jammu before whom an appeal was preferred and the findings of the learned Sub Judge were upheld by him.
situated at Residency Road in Jammu.
This land was granted to one Attar Chand by the Government of Kashmir on a long lease.
It is this decision which is challenged by the Appellants in the present Appeal preferred by Special Leave.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On his death his son Guranditta Mal inherited the lease hold rights of Attar Chand and on the death of Guranditta Mal his widow Indro Devi, who was the original plaintiff, inherited the lease hold rights under the said lease on the basis of a Will executed by Guranditta Mal in her favour.
The Respondent is the heir and legal representative of one Raghunath Dass Lakra.
As per the practice prevailing in the State of Jammu Kashmir he was known as the Wasidar in respect of the said land.
She also companytended that the land was required by her bona fide for occupation by her and her family.
The dispute relates to a piece of land measuring 4 marlas and 99 sq.
D. Thakur, E.C. Agarwal, Atul Sharma, Vijay Pandit and Ms. Poornima Bhatt, for the Appellants.
The Judgment of the Court was delivered by KANIA, J. This is an appeal against the judgment of a learned Single Judge of the High Court of Jammu Kashmir in a Second Appeal.
These allegations were denied by the Respondent.
Very few facts are necessary for the disposal of the Appeal before us.
Anil Dev Singh, Dr. Meera Agarwal, R.C. Mishra and Mushtaq Ahmed, for the Respondent.
The Appellants are the heirs and legal representatives of one Indro Devi.
Guranditta Mal, during his life time, in 1954, had granted a sub lease of the said land to Raghunath, the father of the Respondent herein.
