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2022 Supreme(Raj) 618

SUDESH BANSAL
Om Prakash S/o Shri Ramavtar Chaudhary – Appellant
Versus
Umrao Deceased Represented Through- Gyani Saini, S/o Umrao – Respondent


Advocates Appeared:
For the Appellants :Mr. Ajeet Bhandari, Sr. Advocate assisted by Mr. Jitendra Mishra and Mr. Jai Sharma
For the Respondents: Mr. Giriraj Bardhar with Mr. Kapil Bardhar, Mr. Umesh Dubey and Mr. Ayush Dubey.

JUDGMENT :

1. Appellant-defendant-tenant (hereinafter referred as ‘tenant’) has preferred this second appeal under Section 100 CPC assailing the judgment and decree dated 30.07.2001 passed in Civil Regular appeal No.109/1996 by the Additional District Judge No.2, Jaipur District, Jaipur affirming the judgment and decree for rent and eviction dated 26.07.1988 passed in Civil Suit No.69/1981 by the Additional Civil Judge and Additional Chief Judicial Magistrate No.1, Jaipur District, Jaipur whereby and whereunder the civil suit, for rent and eviction filed by the respondents-plaintiffs-landlords (hereinafter referred as ‘landlords’) in relation to the two rented shops situated at Kotputli, District Jaipur, was decreed and while declaring the tenant as defaulter in payment of rent, decree for eviction has been passed on the grounds of subletting, material alterations and substantial damages.

2. The relevant facts as culled out from the record are that the rented properties are two shops situated at National Highway No.8, Kotputli, Jaipur which were let out to tenant in the year 1978 @ Rs.400/-per month rent through rent note dated 17.11.1978. The landlords instituted a suit for rent a

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