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2024 Supreme(Raj) 456

BIRENDRA KUMAR
Legal Heirs of Late Shri Mang Singh S/o Dan Singh Rawal – Appellant
Versus
Ashok Purohit S/o Shri Lanxman Shanker @ Laxmi Narayan – Respondent


Advocates Appeared:
For the Appellant : H.R. Soni.
For the Respondent: Mrigraj Singh.

JUDGMENT :

BIRENDRA KUMAR, J.

1. Heard the parties on whether this second appeal contains any substantial question of law.

2. A brief background is that the plaintiffs-respondents had brought a suit for ejectment under Rajasthan Rent Control Act, against original defendant Mang Singh on the ground of personal necessity and default in payment of rent. After death of Mang Singh, his legal heirs were substituted, who are appellants hereat. The learned trial Court decreed the suit by judgment dated 08.02.2013 passed in Civil Original Suit No. 44/2011. The dismissal was challenged by the appellants in Civil First Appeal No. 09/2013 which was also dismissed by judgment and decree dated 10.09.2015. Hence, this second appeal.

3. The case and claim of the plaintiffs-respondents is that Mang Singh was tenant of Kesar Bai in House No. 32 situated in Mohalla Ilaji Ka Neem, Ganesh Ghati, Udaipur. The defendant was tenant in the upper floor and occupied three rooms along with toilet and kitchen. On 24.07.1995, the plaintiffs purchased the suit house from Kesar Bai through registered sale deed vide (Exhibit/1). After purchase, they entered into the shoes of their vendor and became landlords of the de

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