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2022 Supreme(Raj) 1577

SUDESH BANSAL
Satish Chandra Mangal – Appellant
Versus
Ram Kishore Dubey – Respondent


Advocates appeared:
Mr. Puneet, Mr. Rajeev Surana, for the Appellant
Mr. D.S. Bagadia, Mr. Gajendra Singh Katela, for the Respondent.

JUDGMENT

1. Appellant-tenant has filed this second appeal assailing the judgment and decree dated 19.09.1997 passed in civil first appeal No.16/96 by the Court of Additional District Judge No.2, Jaipur City, Jaipur, affirming the judgment and decree for eviction dated 12.12.1995 passed in Civil Suit No.1324/89 by the Court of Additional Civil Judge (Junior Division) No.3, Jaipur City, Jaipur titled as Ram Kishore Dube & Ors Vs. Satish Chand Mangal.

2. The relevant facts as culled out from the record are that the appellant is tenant in shop in question since 16.06.1970 at the rate of Rs.50/- per month. The tenancy of appellant is not in dispute. Respondents instituted a civil suit for eviction invoking the provision of Section 13(1)(J) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred as 'the Act of 1950') on 03.01.1989. The provision of Section 3(1)(J) of the Act of 1950 envisages that if rented premises have not been used without reasonable cause for the purpose for which they were let for a continuous period of six months immediately preceding the date of suit, in that situation, the landlord is entitled to evict the tenant. Respondents specifi

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