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2017 Supreme(Raj) 2358

JAINENDRA KUMAR RANKA
SAROJ DEVI – Appellant
Versus
DY DIRECTOR S. I. B. (M. H. A. ), JAIPUR – Respondent


Advocates Appeared:
For the Appellant : M.M. Ranjan, Senior Counsel with Mr. Daulat Sharma, Adv.
For the Respondent: Mukesh Kumar Meena, Adv.

JUDGMENT :

Jainendra Kumar Ranka, J.

Instant first appeal is directed against judgment & decree dt 5.8.1996 passed by Addl. District Judge No. 4, Jaipur City, Jaipur.

2. Brief facts noticed are that the plaintiff-appellant filed a suit for recovery of Rs. 2,20,000/- against the defendants, claiming herself to be the owner of premises described in para No. 1 of the plaint, known as "SRI NIWAS" situated at Bhawani Singh Marg, Jaipur. It is claimed that the defendants took the premises on rent from the appellant and a lease agreement was executed on 30.9.1986 to the effect that the premises was being taken on rent @ Rs. 5000/- per month for a period of five years. It was also agreed that the tenants will have no objection regarding increase in rent as per the norms fixed by the Central Public Works Department. It was then claimed in the plaint that vide letter dt 11.7.1991 the plaintiff informed defendant No. 2 that if the premises is to be retained by them further, then valuation may be got done before expiry of the lease period i.e. before September 1991, upon which defendant No. 3 enquired from the Jaipur Development Authority about the prevailing rate of rent per sq.yrd, upon which v













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