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1974 Supreme(Raj) 251

C.M.LODHA
Tikkan Bai – Appellant
Versus
Durga Prasad – Respondent


JUDGMENT

1. - These three appeals arise out of three suits filed by Durga Prasad for ejectment against three different parties in respect of different apartments in the same building situated in the town of Beawar.

2. The suits against Badrimal and Smt. Tikan Bai were decreed by the trial court and the judgments and decrees of the trial court were upheld by the first sppellate court. The suit against Shivenarain was also decreed by the trial court but the judgment and decree by the trial court were reversed by the first appellate court. Consequently, Baridmal and Smt. Tikan Bai have come in appeal against the decrees of eviction passed against them whereas the plaintiff Durga Parsad has filed appeal against Shivennarain from the dismissal of his suit by the first appellate court.

3. The common ground for ejectment taken in all the three cases was that the premises were required for construction of a 'Dharamshala'. a guest room and for providing accommodation to Sadhus etc. coming to the temple. It may be mentioned, here, that the building in question is said to be a trust property attached to the temple of Sheoji. In all the three cases it was prayed that the premises would be rebuil






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