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1996 Supreme(Raj) 304

ARUN MADAN
JANTA TRAVELS PVT. LIMITED – Appellant
Versus
RAJ KUMAR SETH – Respondent


Advocates Appeared:
K.M.MATHUR, M.M.RAJAN, R.K.Seth, V.B.SHARMA

Judgment


ARUN MADAN, J.

( 1 ) JUDGMENT:- This appeal is directed against the judgment and decree dated 2-81995 passed by Addl. District Judge No. 6, Jaipur City, Jaipur in Civil Suit No. 253/1995 whereby the suit of the plaintiff-respondent was decreed.

( 2 ) THE facts giving rise to the filing of this appeal briefly stated are that a suit for eviction of the defendant-appellant was filed by the plaintiff-respondent on two grounds :- (A) default in payment of rent; and (B) denial of title. A suit was filed on 21-11-1983 in the Court of the District Judge, Jaipur City, Jaipur which was later on transferred to the Court of Additional District Judge No. 6, Jaipur City, Jaipur. In the plaint it was specifically averred by the plaintiff that he had let out a portion of the premises in dispute which is situated opposite All India Radio, M. I. Road, Jaipur on 1-2-1981 on a monthly rent of Rs. 1500/vide a registered rent deed which was duly executed between the parties on 25-2-1981. The agreed rent was excluding house-tax, water and electricity charges. Since the defendant had committed default in payment of rent for the period 31-2-82 to March, 1983 and this default committed in tendering




















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