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2012 Supreme(Raj) 762

PRASHANT KUMAR AGARWAL
Shyam Sunder – Appellant
Versus
Prakash Chand – Respondent


Advocates Appeared
Peush Nag, for Appellant;
Shyam Kant Sharma, for Respondent

Hon'ble AGARWAL, J.—The defendant-appellant has preferred this Civil Second Appeal under Section 100 of the Code of Civil Procedure against the impugned judgment and decree dated 10.01.2012 passed by the Additional District Judge (Fast Track) No.2, Beawar (District Ajmer) in Civil Regular Appeal No.1/2009 whereby the learned appellate Court has upheld and affirmed the judgment and decree dated 18.8.2006 passed by the trial Court i.e. Civil Judge (Junior Division) No.2, Beawar (District Ajmer) in Civil Suit No.199/1998 whereby the trial Court decreed the suit for eviction filed by the plaintiff-respondent.

2. Brief relevant facts for the disposal of this appeal may be stated as below:-

(i) Originally the suit for eviction from the suit shop was filed by Shri Nathmal, elder brother of plaintiff-respondent-Shri Prakash Chandra, on 2.7.1998 in the trial Court with the averment that the tenancy commenced with effect from 1.6.1995 and the appellant is liable to be evicted on the grounds of default in payment of rent, subletting, damage caused to the suit shop and nuisance.

(ii) Written statement was filed by the appellant on 1.9.1999 and grounds taken in the plaint were specifically denied.















































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