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1973 Supreme(Raj) 47

KAN SINGH
Mool Chand – Appellant
Versus
Ishwarlal – Respondent


Advocates:
P.N. Datt and K.N. Tikku, for Appellants.

Judgement

JUDGEMENT :- The second appeal before me which is by a tenant and arises out of a suit for eviction raises a question about the applicability of clause (f) of Sub-Section (1) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, hereinafter referred to as the "Act", that is the non-availability of protection under the section on the tenant's renouncing his character as a tenant or by denying the title of the landlord.

2. The subject-matter of the suit was a shop situated at Karauli. The plaintiffs Ishwarlal and Bajranglal who were brothers, had purchased this shop from one Ramakishan Babulal by a registered sale deed dated 16-10-1968. The defendants Moolchand and his son Radbey Shyam were said to be the tenants of the transferor Ramakishan Babulal on a monthly rent of Rs. 1.25 paise. The transferor gave notice of the sale of the property to the defendant-tenants intimating that the shop had been sold to the plaintiffs Ishwarlal and Bajranglal and thereafter the tenants should pay rent to them. Then the plaintiffs served a notice on 13-9-1968 on the defendants terminating the tenancy in accordance with Section 106. Transfer of Property Act and the
















































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