1981 Supreme(Raj) 230
D.P.GUPTA
Nemchand – Appellant
Versus
Bhanwar Lal – Respondent
Advocates:
For the Appellant:Kewal Chand, Advocate.
For the Respondent:H.C. Jain, Advocate.
JUDGMENT
1. - In this defendant's appeal, arising out of a suit for ejectment and for recovery of arrears of rent, the only ground argued was that the tenant-appellant was not a defaulter in payment of rent and the decree for ejectment, passed solely on the ground of defaults in payment of rent, was erroneous and deserves to be set aside.
2. The plaintiff filed a suit for ejectment of the defendant from the premises in dispute for all possible grounds, viz. The plaintiff required the suit premises reasonably and bona fide for his own use, the defendant had sublet the premises or had parted with possession thereof, the defendant had made material alterations in the premises and he had committed defaults in payment of rent. The plaintiff was unable to prove all 'other grounds for eviction alleged by him except that of defaults and the trial court decreed the suit for ejectment only on the ground of defaults in payment of rent. The first appellate court concurred with the finding recorded by the trial court on the question of defaults in payment of rent. Now in this second appeal, again the same question has been raised.
3. The finding of the two courts below is that the defendant has f
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