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2014 Supreme(Raj) 2088

NISHA GUPTA
Sunder Lal – Appellant
Versus
Mohan Lal – Respondent


Advocates:
For the Plaintiff-Appellant:S.M. Mehta, Senior Advocate with Anil Mehta, Advocate.
For the Defendant-Respondent:M.M. Ranjan, Senior Advocate with Daulat Sharma, Advocate.

JUDGMENT

1. - This civil Second Appeal under Section 100 CPC has been filed on behalf of the plaintiff-appellant against the judgment & decree dated 19/11/1993 passed by the Court of Additional District and Sessions Judge No.2, Jaipur City, Jaipur by which, Civil Appeal No.9/1988 filed by the plaintiff-appellant has been dismissed and the judgment & decree dated 23/04/1988 passed by the Court of Additional Munsiff & Judicial Magistrate No.5, Jaipur City, Jaipur decreeing Civil Suit No.306/1980 in favour of the defendant-respondents, has been upheld.

2. The facts giving rise to the filing of this civil second appeal in brief are that the plaintiff-appellant filed a suit for eviction and arrears of rent on the ground that on 18/12/1969, the property was rented to defendant-respondent No.1-Mohan Lal for rent of Rs. 67/- per month. The contention of the plaintiff-appellant was that on the same day, the property has been purchased from defendant-respondent No.1 and same has been rented to him and as the defendant-respondent No.1 has not paid any rent, notice has been served on default being committed by him and hence, he be evicted. Per contra, the contention of defendant-respondent No.1













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