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1987 Supreme(Raj) 22

D.L.MEHTA
Raja Laxman Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
R.C. Kasliwal, for the Appellant
Mohammad Rafiq, Dy. Govt. Advocate, for the Respondents

Judgment

D.L. Mehta, J.-This appeal is directed against the judgment and decree passed by the learned Addl. District Judge No. 1 in Civil Suit No. 47/73, dated 31st March 1975. The plaintiff instituted a suit for the recovery of Rs. 12,337 on account of arrears of rent and damages for the wrongful act of the defendants plaintiff (respondent?), the property was leased to the State of Rajasthan through the Commissioner, Commercial Taxes Department at the rate of Rs. 700/-per month w.e.f 27-6-1964.

2. Consequently, a part of the property, namely, the Swimming Pool was taken back by the landlord and the rent was reduced to Rs. 667/-. The plaintiff in para 5 of the plaint has stated that the Commercial Taxes Department was most reckless in installing two ceiling fans in a double storey house in the first floor in the month of May/June, 1969. It has been further stated that installation of two ceiling fans affixed on the roof of the hall fell down. It was further alleged that the fixation of the ceiling fans was improperly and insufficiently done and the southern half of the roof of the hall fell down and has also caused cracks in three walls of the hall. There is further allegation that







































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