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1981 Supreme(Raj) 17

DWARKA PRASAD
Rawat Hardeo Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
A.L. Mehta, for the Appellant
D.S. Shishodia, Govt. Advocate, for the Respondents

Judgment Dwarka Prasad, J.-This second appeal arises out of a suit for ejectrnent and recovery of arrears of rent. Sorne apartments in the fort of Kurabad belonging to the plaintiff were taken on rent for locating the office of the Ranger of the Forest Department of the State, on a rent of Rs. 15 per rnonth. A docurnent in this respect was executed on July 1, 1958, by Ratan Lal, Ranger, in favour of the plaintiff Rent was paid up to 31st March, 1968. But thereafter, rent frorn 1st April, 1968 fell into arrears. According to the plaintiff , rent was payable rnonth by rnonth on the first day of the next succeeding rnonth and as rent was not paid according to the terrns of tenancy, a notice of three months’ was given on Decernber 2, 1967, terminating the tenancy on the expiry of the period of three months. The notice purported to terminate the tenancy and was also intended to fulfil the requirements of Section 80 of the Code of Civil Procedure. As the State Government did not make payment of arrears of rent from April 1, 1968, nor did it vacate the premises, a suit for ejectment and recovery of Rs. 120 as arrears of rent, at the rate of Rs. 15 per month, was filed by the plaintiff on




















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