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1988 Supreme(Raj) 453

S.C.AGRAWAL
Mohammed Hussain – Appellant
Versus
Abdul Rahim by his legal representatives Abdul Karim – Respondent


Advocates:
For the Appellants:Ajeet Bhandari, Advocate.
For the Respondents:S.M. Juniwal, Advocate.

JUDGMENT :

1. This is the plaintiff's second appeal arising out of a suit for eviction.

2. The premises in dispute is a Kachcha house situate in Jaipur City. The said premises were let out to the defendant Abdul Rahim on 1st December, 1966 on a monthly rent of Rs. 6/- per month. The said premises were purchased by the plaintiff, Smt. Umrao, on 21st Sept., 1971. After purchasing the said premises, the plaintiff served a notice dated 25th April, 1972 requiring the defendant to vacate the premises and on his failure to do so, the plaintiff filed the suit giving rise to this appeal on 15.7.1972. The said suit was passed on the ground that the defendant had failed to pay the rent for the premises for the period from 21st September, 1971 and further that the premises were required by the plaintiff for personal occupation, as she is living in a rental premises. The said suit was contested by the defendant. The Munsif and Judicial Magistrate First Class, Jaipur City (East), Jaipur, by his judgment and decree dated 3rd May, 1977, decreed the suit of the plaintiff. The Munsif found that the defendant was a tenant of Mumtazuddin, Nizamuddin and Kallu from 1st December, 1965 on monthly rent of R











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