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2022 Supreme(Raj) 2173

SUDESH BANSAL
Brajendra Singh – Appellant
Versus
Madho Singh – Respondent


Advocates appeared:
Bipin Gupta, Advocate, for the Appellant
H.S. Bikarwar and B.R. Rana, Advocates, for the Respondents

JUDGMENT

Sudesh Bansal, J. - The appellant-defendant-tenant (hereafter 'the tenant') have preferred this second appeal assailing the judgment and decree dated 20-9-2007 passed by the Additional District Judge No. 2, Bharatpur in first appeal No. 62/1997 allowing appeal reversed the judgment dated 13-2-1997 passed by the Additional Civil Judge (Junior Division) No. 1, Bharatpur in civil suit No. 76/1991 and decreed the suit for eviction of tenant from shop in question and fixed the mesne profits Rs. 140/- per month.

2. Facts as culled out from the record are that respondent-plaintiff-landlord (hereafter 'the landlord') filed a suit on 31-5-1988 for eviction of tenant stating therein that shop in question was in tenancy of the tenant defendant No. 1 Brijendra Singh @ Bijjo from the time of erstwhile landlord Ganpat Singh on a rent of Rs. 140/- per month, which was purchased by landlord through registered sale deed dated 10-12-1986 of which information was given to tenant 24-1-1987. It was pleaded that the tenant did not pay rent from 1-12-1986 as such he committed default in payment of rent. It was pleaded that the shop in question was bonafidely needed for his son Laxmi Narayan for Ki

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