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2000 Supreme(Raj) 225

ARUN MADAN
Gopiram Tailor – Appellant
Versus
Om Shanker – Respondent


Advocates Appeared:
G.C. Garg, for the Appellant
G.D. Parwal, for the Respondents

Judgment

Arun Madan, J.-This revision petition arises out of an order dated 24-9-1998 of the Additional Civil Judge (Junior Division) Jaipur (East) in Civil Suit No. 64/96, whereby he has dismissed application under Order 6, Rule 16, CPC filed by the petitioner (defendant).

2. The facts leading to this petition, briefly stated, are that the plaintiffs (landlords) (respondent Nos. 1 and 2) filed a civil suit for eviction against the defendant No. 1 (present petitioner-tenant) arraying Smt. Savitri Devi w/o Han Shankar (original landlord) as defendant No: 2 (respondent No. 3 herein) pleading therein inter alia that Han Shankar Shrimali (father of the plaintiffs) let out shop in dispute to the petitioner (defendant No. 1 Tenant) at Rs. 110/-per month, and after death of Han Shankar Shrimali, the rent has been paid to Ram Shankar (plaintiff No. 2) because the suit shops had fallen in the share of the plaintiff No. 1 as a result of family settlement dated 27-11-1995 as pleaded in paras 1 and 2 of the plaint and the eviction has been sought by plaintiff No. 1 (Om Shankar) on the grounds of personal bona fide necessity and for causing damage and material alterations besides nuisance to th









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