2013 Supreme(Raj) 2139
ALOK SHARMA
Kailash Chand Pareek – Appellant
Versus
Shri Gopal Lal – Respondent
Advocates:
For the Defendant-Appellant:Digvijay Mantri, Advocate.
For the Plaintiff-Respondent:R.K. Mathur, Sr. Advocate with K.C. Sharma, Advocate.
JUDGMENT
1. - This second appeal under Section 100 CPC has been filed against the judgment and decree dated 09.02.2009, passed by the Civil Judge (S.D.), Kishangarh, District Ajmer as upheld by the first appellate Court i.e. the Additional District & Sessions Judge (F.T.) No.3, Ajmer Camp, Kishangarh, under its judgment and decree dated 13.10.2010.
2. The facts of the case are that the plaintiff-respondent (hereinafter 'the plaintiff') filed a suit for eviction before the Civil Judge (S.D.), Kishangarh, District Ajmer seeking eviction of the defendant-appellant (hereinafter 'the defendant') from the suit property consisting of six rooms on the ground floor and five rooms on the first floor with a kitchen, bathroom & latrine situate in Tulsi Marg, Oswali Mohalla, Madanganj, Kishangarh, District Ajmer. Stating himself to be the landlord, the plaintiff averred that the tenancy of the defendant had been terminated under a notice sent on 10.12.2004 with reference to Section 106 of the Transfer of Property Act, 1882 (hereinafter 'the Act of 1882'). The registered AD of the said notice was received back on 23.12.2004. Consequently the tenancy stood terminated in accordance with the notice.
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