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2000 Supreme(Raj) 1316

N.P.GUPTA
Poonam Singh – Appellant
Versus
Fateh Mohammed – Respondent


JUDGMENT

1. - By this second appeal the appellants who are the legal representatives of the original defendant tenant Pukhraj seek to assail the decree for eviction from the suit shop passed by the learned trial Court and confirmed by the learned lower Appellate Court. The original defendant had died during the pendency of the suit and his legal representatives were duly substituted on record.

2. Plaintiff respondent filed the present suit for eviction and arrears of rent on 4-4-86 against the defendant seeking to evict him from the shop situated at old Bus Stand in the town of Bali which is in the tenancy at the rate of Rs. 50/- per month, alleging interalia the defendant to have committed default in payment of monthly rent and also alleged the suit shop to be personally required by him for his two sons Jaffar Hussain and Mohd. Majid for their starting 'Kirana' business.

3. The defendant contested the suit inter alia on the ground that the shop was initially taken on rent at the rate of Rs. 40/- per month which was subsequently increased to Rs. 50/-, the plaintiff did not receive the rent despite being tendered on the pretext that he wanted to increase the rent to Rs. 100/- per mont





































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