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2023 Supreme(Raj) 816

REKHA BORANA
Kunti Diwedi W/o Lt. Col. V. N. Dwivedi – Appellant
Versus
Ghewarchand S/o Shri Narsinghdas Prajapat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Narendra Thanvi Mr. Mahendra Thanvi
For the Respondent: Mr. Surendra Thanvi for Mr. Sanjeet Purohit

JUDGMENT :

1. The instant second appeal has been preferred against the judgment and decree dated 22.08.2014 passed by the Additional District Judge No.2, Bikaner in Civil Appeal No.27/2010, whereby the judgment and decree dated 27.09.2010 passed by the Additional Civil Judge (Senior Division) No.2, Bikaner in Civil Suit No.81/2009 has been affirmed. The learned trial Court, vide judgment and decree dated 27.09.2010, decreed the suit of the plaintiff for eviction and arrears of rent.

2. Brief facts of the case are as under :

(i) On 04.07.1994, plaintiff-respondent filed a suit for eviction and arrears of rent against defendant-appellant. It was averred in the plaint that plot Nos.6 and 7 of Adarsh Colony, Bikaner were in the ownership of Smt. Sunita and Late Smt. Vandana on which they had constructed their respective houses. After the death of Smt. Vandana, the said plot was in ownership and possession of plaintiff Ghewar Chand who gave it on rent to the defendant @ Rs.1000/-per month for opening a crèche. Defendant deposited the rent in the bank account of plaintiff till May 1993 but thereafter defaulted in payment of 13 months’ rent i.e., Rs.13,000. Further, she constructed a wall in

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