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1976 Supreme(Raj) 70

S.N.MODI
Saremal Ratanchand – Appellant
Versus
Juhar Mal Bhabutmal – Respondent


Advocates:
Appearance :
P. Dave for H.M. Parekh, for the Appellant
Rajesh Balia, for the Respondents

Judgment

S.N. Modi, J.-This is a tenant’s second appeal against the judgment and decree passed by the Additional District Judge. Sirohi, dated December 20, 1972, upholding the decree passed by Munsiff , Sirohi, dated December 23, 1971.

2. The suit, out of which this appeal arises, was brought by the respondent-landlord against the appellant-tenant, on October 13, 1969, for the recovery of arrears of rent and ejectment from the suit premises. The grounds on which the eviction was sought were three-fold. Firstly, that the defendant had committed default in payment of rent for six months; secondly, that the landlord required the suit premises reasonably and bona fide for his personal use; and thirdly, that the tenant had sub-let a part of the demised premises without the permission of the landlord. The defendant resisted the suit. The trial Court decreed the suit for eviction solely on the ground that the tenant had sub-let a part of the premises to one Moolchand without the premission of the landlord. This finding was upheld by the lower appellate Court. The tenant-defendant has now preferred this second appeal.

3. Admittedly, on October 13, 1969, when the present suit for eviction w



















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