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1989 Supreme(SC) 54

L.M.SHARMA, M.H.KANIA
Kundan Mal – Appellant
Versus
Gurudutta – Respondent


Advocates:
P.H.Parekh, S.GANESH RAO, S.S.Khanduja

JUDGMENT

SHARMA, J.—This appeal by special leave is directed against the decision of the Rajasthan High Court confirming the decree of eviction of the appellant from certain premises under Section 13(1)(f) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as the Act), on the ground that he had denied the title of the respondent-landlord.

2. The appellant has been in possession of the structure in question since 1953, when he was inducted therein by the owner one Nawab M. Ali Khan. In 1969 Nawab M. Ali Khan died, and it appears that some dispute arose between his legal representatives and the present respondent 1. It further appears that the dispute was finally settled in favour of respondent 1 and according to the case of the appellant he duly recognised him as his landlord and started paying rent. In 1973 the appellant received a notice from the Municipal authorities asking him to remove the disputed structures on the ground that it was erected on government land. According to the appellants case, the notice was issued at the instance of respondent 1, who was anxious to evict the appellant. The appellant, in the situation, was forced to fil











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