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1971 Supreme(Raj) 76

C.M.LODHA
SYED ABDUL LATIF – Appellant
Versus
KUNDO MAL – Respondent


Advocates Appeared:
S.K.JINDAL

Judgment


C. M. LODHA, J.

( 1 ) THIS appeal has been filed by the plaintiff from the appellate judgment and decree of the Civil Judge, Ajmer dated 20-3-1970 by which the plaintiffs suit for ejectment from the house in dispute and for recovery of damages was dismissed.

( 2 ) BRIEFLY stated the plaintiffs case as set out in the plaint is that he leased out the house in question, situated near Tripoliya Gate, Ajmer to the defendant No. 1 kundomal by a registered lease deed dated 15-12-1950 on a monthly rent of Rs. 15/-, though the possession of the house was handed over to the plaintiff on 1-41951. The tenancy is said to be a monthly one. It was stated that the defendant no. 1 had not paid rent to the plaintiff for more than six months and had unauthorisedly and wrongfully removed the tin-shed from the house and had also admitted the defendants Nos. 2 and 3 as sub-tenants without the consent of the plaintiff. It was also alleged that the efendant No. 1 had made certain material alterations in the house without the permission of the plaintiff. The plaintiffs case is that he terminated the defendants tenancy by a notice of ejectment dated 317-1967, but since the defendant had not vacate





















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