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1991 Supreme(Raj) 576

N.C.KOCHHAR
Har Sahai – Appellant
Versus
Chouthmal – Respondent


JUDGMENT

1. - The brief facts giving rise to this second appeal are as under:The plaintiff-respondent Chouthmal was the owner of the building known as 'Mahal Bari', Mohalla Kala Bada, Mahaveer Chowk, Purani Tonk. He instituted a suit bearing No. 81/75 under Section 6 of the Specific Relief Act, 1963 with the allegations that the appellants-defendants were tenants in respect of a portion in the said house and had taken unlawful possession of the rooms in dispute about 4-5 months before the institution of the suit and prayed that a decree for possession and for damages at the rate of Rs. 60/per month against them and in favour of the plaintiff-respondent be passed. The suit was contested by the appellants-defendants, who denied that they had taken unlawful possession of the rooms in dispute but pleaded that they had been the tenants in respect of the rooms in dispute. After framing the necessary issues and recording the evidence produced by the parties, the learned Munsif, Tonk vide his judgment dated 6-41977 held that the appellants defendants had taken unlawful posses sion of the rooms in dispute and were not the tenants in respect of the said rooms and, consequently, decreed the s










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