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1980 Supreme(Raj) 343

S.K.M.LODHA
Kana – Appellant
Versus
Sardar Surender Singh – Respondent


JUDGMENT

1. - Heard, Mr. N. N. Mathur, learned counsel for the appellants and Mr. N. P. Gupta, learned counsel for the respondents.

2. The learned Civil Judge has found that the appellants have committed default in payment of rent month by month after February 24, 1969 and, therefore, they have rendered themselves liable to eviction under section 13(1)(a) of the Rajasthan Premises (Control of Rent and Eviction) Act (No. XVII of 1950) (hereinafter referred to as `the Act'). The finding that the appellants are defaulters in payment of rent is not vitiated on any ground whatsoever. The learned Munsif, Udaipur found that the plaintiffs require the plot in question reasonably and bona fide. So far as the question of comparative hardship is concerned, he was of opinion that Mohanlal (Plaintiff No. 1) will be put to the greater hardship, if the decree for ejectment in respect of the plot in question, which belonged to him is not passed. As regards Surendra Singh and Jogindrasingh (plaintiffs No. 2 and 3) are concerned, he decided the point of comparative hardship against them. It may be mentioned that in this case, Mohanlal (P. W. 1) (plaintiff No. 1), Jogindrasingh (P. W. 2) (plaintiff No




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