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1990 Supreme(Raj) 275

N.C.KOCHHAR
GIRRAJ KISHORE SHARMA – Appellant
Versus
TEJMAL GUPTA – Respondent


Advocates Appeared:
B.L.MANDHANA, K.K.MEHRISH

Judgment


N. C. KOCHAR, J.

( 1 ) -THIS is defendants appeal against the decree and judgment dated 16-10-1987 passed by the learned District Judge, Kota in civil suit No. 149 / 84. The facts giving rise to this appeal are as under :- a suit for eviction on the grounds of default in payment of rent and bona fide personal necessity was filed by the plaintiffs against the defendant stating that the defendant was a tenant in respect of the shop in dispute at a monthly rent of Rs. 600. 00 and had committed default in payment of rent which was due from him to the plaintiff respondents for the period from 1-6-1983 and the amount so due was Rs. 8400. 00 for the period ending February, 1984 and that the shop in dispute was bona fide required by the plaintiffs for their personal use. The suit was contested by the defendant who controverted the ground of default as also the other ground. After hearing the learned counsel for the parties, vide order dated 30-9-1986 passed by the learned trial Court under sub-sec. (3) of S. 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (the Act), the defendant was directed to pay to the plaintiffs or deposit in Court a sum of Rs. 23,400. 00









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