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1970 Supreme(Raj) 232

C.M.LODHA
Nathuram – Appellant
Versus
Firm Bhonreylal Hiralal – Respondent


For the Appellant:M.B.L Bhargav, Dungar Singh and A.K. Bhandari, Advocates.
For the Respondent:R.K. Rastogi and J.S. Rastogi, Advocates.

JUDGMENT

1. This is a second appeal by the defendant against whom a decree for ejectment was passed by the Munsiff, Alwar and on appeal by the defendant the same are upheld by the District Judge, Alwar.

2. The plaintiff-respondent No. 1 Firm Bhonreylai Hiralal, Kedalganj, Alwar and its partners respondent No. 2 to 6 filed the suit in the Court of Munsiff, Alwar on 10-2-62 alleging that the respondents Nos. 2 to 6 constitute a joint Hindu family and carry on business under the name and style: Firm Bhonrey lal Hiralal, which was also registered under the Indian Partnership Act. It was alleged that one Thakur Shivelal Singh, Muafidar of Thikana Burja sold a place of land measuring 370,10 "x'3" situated in the city of Alwar to the plaintiffs by a registered sale deed dated 22-7-1956 for a consideration of Rs. 3000/-, and that the defendant was occupying a portion of this land measuring .27' x 33' as a tenant of the vendor Shivelal Singh for which the rent settled was Rs. 2/8/- per month. It was also alleged that the defendant had paid rent to the plaintiffs upto 31-12-1960, and thereafter no rent had been paid. The plaintiffs' case was that that they wanted to construct shops on the lan












































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