1988 Supreme(Raj) 437
S.C.AGRAWAL
Karachi Wine Store – Appellant
Versus
Shri Mohammed Rafiq – Respondent
JUDGMENT
1. - This second appeal filed by the defendants arises out of a suit for eviction from a show-room which is situated at Mirza Ismail Road, Jaipur. The said show-room originally belonged to Noor Mohammad and the sons of his brother Rahim Bux. It was mortgaged with Radha Kishan and Badri Narain by that aforesaid owners. Under a rent note executed on 23rd May, 1964, it was let out to Satyapal, appellant No. 2 and Suganmal (deceased) who were partners of M/s. Karachi Wine Store, appellant No. 1 with effect from 1st June, 1964 on a monthly rent of Rs. 80/-. The case of the plaintiff respondents is that after the death of Rahim Bux a partition took place between Noor Mohammed and the sons of Rahim Bux and as a result of the said partition the show room fell in the share of Noor Mohammad and that thereafter Noor Mohammad redeemed the mortgage and sold the show-room to the plaintiff-respondents under a registered sale deed dated 3rd July, 1961. An intimation about the said sale in favour of the plaintiff-respondents was given to the defendants by the respondents by their notice dated 31st July, 1968 whereby tenancy of the defendants was terminated and they were asked to handover t
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