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2002 Supreme(Raj) 584

SUNIL KUMAR GARG
OM PRAKASH – Appellant
Versus
MANOHARLAL – Respondent


Advocates Appeared:
R.K.Thanvi, R.R.Nagori

Judgment


SUNIL KUMAR GARG, J.

( 1 ) THIS second appeal has been filed by the appellant-defendant against the judgment and decree dated 31-10-1987 passed by the learned Addl. District Judge, Bikaner in Civil Appeal No. 58/86 by which he allowed the appeal of the plaintiff and decreed the suit of the plaintiff for eviction of the defendant-appellant from the suit premises on the ground of default as envisaged under Section 13 (1) (a) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereinafter referred to as "the Rent Control Act") and reversed and set aside the judgment and decree dated 20-1-1983 passed by the learned Addl. Munsiff, Bikaner in Civil suit No. 54/78 by which the learned Addl. Munsiff dismissed the suit of the plaintiff holding the defendant-appellant as first defaulter. Note :- it may stated here that the suit premises were purchased by one Manoharlal from the original-plaintiff-respondent Hari Narayan and, therefore, he moved an application on 2-9-1994 for impleading him as party respondent in place of original plaintiff Hari Narayan and that application was allowed by this Court vide order dated 1-12-1995 and Manoharlal was impleaded as respondent


















































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