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1971 Supreme(Raj) 164

C.M.LODHA
Bansi Lal – Appellant
Versus
Laxmi Chand – Respondent


Advocates:
For the Appellant:Mr. P.C. Mathur, Advocate.
For the Respondent:Mr. H.M. Parakh, Advocate.

JUDGMENT :

1. - This is a defendant-tenant's second appeal arising out of a suit for ejectment.

2. The plaintiff's can was that the defendant had not paid rent for the shop leased out to him by the plaintiff for a period of more than six months. He has further alleged that the shop was required for his bona fide and reasonable personal necessity. The defendant pleaded inter alia that he was not a defaulter inasmuch as he used to remit the monthly rent by money orders but the plaintiff refused to accept the same. He also pleaded that the notice of ejectment served by the plaintiff was not valid. The Munsiff, Baran by his judgment dated 20.9.1968 dismissed the plaintiff's suit.

3. Aggrieved by the judgment and decree of the learned Munsiff the plaintiff filed appeal and the learned Additional District Judge, Baran by his judgment dated 14.12.70 reversed the judgment and decree by the trial court and decreed the plaintiff's suit. Consequently, the defendant has filed this second appeal.

4. Learned counsel for the appellant has urged that the first appellate court was not correct in striking out the defence of the defendant under section 13(6) of the Rajasthan Premises (Control of Rent an






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