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2000 Supreme(Raj) 375

ARUN MADAN
Rashtriya Yuva Udhyog – Appellant
Versus
Dheeraj Kanwar – Respondent


Advocates Appeared:
P.S. Sirohi, for the Appellant
Pankaj Bhandari, for the Respondents

Judgment

Arun Madan, J.-This first appeal is preferred against Judgment and decree dated 19-11-97 passed by the Additional District Judge No. 2, Jaipur City, whereby plaintiffs suit for eviction was decreed.

2. Thesuit for eviction was filed on the grounds inter alia:-(1) default in payment of rent; (2) bona fide and reasonable need of the plaintiff to accommodate her son’s family; and (3) nuisance and material alteration having been caused by the tenant (defendant) by installing machines in the rented premises without obtaining permission of the plaintiff The rent of the suit premises (Rs. 650/-per month) was alleged to have been outstanding since 1-12-87.

3. In written statement, the tenant denied the aforesaid allegations of the plaintiff and contested the suit in respect of purported three grounds of eviction. After framing the issues the trial Court recorded the evidence led by both the parties and after hearing their learned Counsel the trial Court recorded its findings on all the issues in favour of the plaintiff and accordingly decreed the suit for eviction holding that the plaintiff is entitled to recover outstanding rent Rs. 650/-per month w.e.f 1-12-87 till vacant posses




























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