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1977 Supreme(Raj) 198

S.N.MODI
Brahamanand – Appellant
Versus
Prabhati – Respondent


Advocates:
For the Petitioner:B.K. Chouhan, Advocate.
For the Respondent:Prem Asopa, Advocate.

JUDGMENT

1. - This revision-application is directed against the order of the Munsif, Sri Ganganagar dated 26.11.1975 disallowing the application of the plaintiff-petitioner to withdraw his suit with liberty to file fresh suit.

2. The plaintiff-petitioner is the owner of Plot No. 9 in the Industrial Area near Ganesh Talkies, Sri Ganganagar one 'Godam' facing towards the south and situated in the south-west corner of this plot was let out to the defendant on a monthly rent of Rs. 110/-. The plaintiff-petitioner brought a suit for eviction of the defendant from the said 'Godam' and also claimed arrears of rent. The plaintiff sought eviction on the grounds of default in payment of rent and reasonable and bonafide necessity. The defendant resisted the suit on various grounds. It was pleaded that the 'Godam' as also Plot No. 9 in the Industrial Area belonged to Hansraj who let it out to the defendant in the year 1967. It was also pleaded that Hansraj died leaving behind his widow. The defendant also denied that the plaintiff was the adopted son of Hansraj. The learned Munsif framed issues arising out of the pleadings of the parties. Before the case fixed for evidence the plaintiff moved a






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