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1989 Supreme(SC) 183

R. S. PATHAK, S. NATARAJAN
Roop Chand – Appellant
Versus
Gopi Chand Thelia – Respondent


JUDGMENT

NATARAJAN, J.:— This appeal by special leave is by a tenant and is directed against the judgment of the High Court of Rajasthan in Civil Second Appeal No. 59 of 1978 confirming the judgment of the Appellate Court whereby the appellant was held liable to be evicted from the premises leased to him by the respondent on the ground of having parted with the possession of the premises.

2. C. M P. No. 906 of 1979 has been filed by the respondent under Order 41 Rule 27 C. P.C. for certain documents being received as additional evidence.

3. In so far as the facts are concerned, there is no controversy whatever. In January 1963, the appellant took on lease from the respondent a building situate in Rasta Ka Gheewalan in the city of Jaipur. In the Deed of Rent executed by the appellant, there was an express provision that he should not sublet the premises to anyone. However, in March 1968, a social club known as the Lokpriya Social Club came to be opened in the premises and the members of the club began using the premises for playing cards, chopar, chess etc. every evening till about midnight or even till I a.m. The functioning of the club in the premises led to the respondent filing a











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