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1974 Supreme(SC) 426

K.K.MATHEW, N.L.UNTWALIA, P.N.BHAGWATI
Soonda Ram – Appellant
Versus
Rameshwarlal – Respondent


Advocates:
Balakrishnan, Ghatate, K.L.RATHI, N.M.GHATATE, S.BALAKRISHNAN, S.C.Manchanda, S.M.Jain

Judgment

UNTWALIA, J.: - This is a defendants appeal by special leave of this Court from the judgment and decree dated 7-2-1974 of the Rajasthan High Court dismissing the appellants second appeal preferred from the Appellate Judgment of the District Judge of Jaipur. The plaintiffs respondents filed a suit against the appellants for their eviction after termination of their tenancy by service of a notice under Section 106 of the Transfer of Property Act on the ground that they required the suit premises bona fide for their personal necessity. The suit was contested by the appellants on various grounds. The learned Munsif who tried the suit in the first instance held in favour of the plaintiffs on some of the issues which arose for determination on the pleadings of the parties. He, however, dismissed the suit on the finding that the plaintiffs had failed to prove that they required the suit premises bona fide for their personal necessity. They went up in appeal before the District Judge of Jaipur who reversed the findings of the Trial Court on the question of personal necessity of the plaintiffs, accepted their case and decreed the suit. The defendants filed a second appeal in the H







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