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2022 Supreme(Raj) 2924

SUDESH BANSAL
Niranjan Lal – Appellant
Versus
Lala Ram – Respondent


Advocates Appeared:
Mr. M.M. Ranjan, Sr. Advocate with Mr. Amol Vyas, Advocates, for the Appellant; Mr. R.K. Mathur, Sr. Advocate with Mr. Ram Dayal, Advocates, for the Respondent

JUDGMENT

1. Appellant-Plaintiff-Landlord(hereinafter referred as "Plaintiff") preferred this second appeal under Section 100 CPC, assailing judgment and decree dated 24-10-1997 in Appeal No.21/1996, passed by Additional District Judge, No.3 Alwar dismissing appeal and affirming the judgment and decree dated 18-7-1994 passed by Civil Judge (Senior Scale) Alwar, in Civil Suit No.165/1985 whereby plaintiff’s suit for eviction of tenant from tenanted shop and recovery of rent was dismissed.

2. It appears from the record that plaintiff purchased the rented shop through registered sale-deed dated 10-9-1984 and instituted present eviction suit on 22-4-1985 on ground of denial of title invoking provisions of Section 13(1)(f) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (hereafter ’the Rent Act’). Plaintiff stated in the plaint that he purchased the rented shop from partnership firm M/s.Vijendra and Vijendra and since the defendant was tenant in rented shop, he has become the tenant of plaintiff. It was claimed that partnership firm namely M/s.Vijendra and Vijendra has informed defendant vide notice dated 29-9-1984 about transferring of rented shop to plaintiff through r

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