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2009 Supreme(Raj) 2348

S.P.PATHAK
Chothilal – Appellant
Versus
Moorti Kaila Deviji – Respondent


Advocates:
For the Appellant:B.L. Mandhana, Advocate.
For the Respondent:Namita Parihar, Advocate.

JUDGMENT

1. - This civil second appeal under section 100 of the Code of Civil Procedure has been filed against the judgment and decree dated 29th November, 1995 passed by the Additional District Judge, Karauli in Civil Appeal No.4/1993 whereby the judgment and decree dated 14th December, 1992 passed by the learned Munsiff, Karauli in Civil Original Suit No.191/1978 has been reversed and the suit for rent and eviction filed by the plaintiff against the defendant-appellant has been decreed.

2. Briefly stated the facts for the disposal of the present second appeal are that a suit for ejectment was filed in the year 1978 on behalf of the plaintiff through holder of general power of attorney of the trust. In the plaint, it was, interalia, averred that the defendant-appellant was tenant of the plaintiff's premises is situated in town Karauli measuring about 69'x65'. A rent-note was also executed on 26th November, 1968 and was signed by the defendant-appellant. It was also averred that the monthly tenancy was determined on 26th October, 1978 by serving a notice upon the defendant-appellant. Since the defendant-appellant did not pay the arrears of rent, therefore, he was liable to pay arre




























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