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1958 Supreme(Raj) 255

MODI
Tilokchand – Appellant
Versus
Lalchand – Respondent


Advocates Appeared:
Navratan Mal, for Respondents; Vishanlal, for Appellant

Modi, J.—This is a second appeal by the plaintiffs Tilokchand and another in a suit for ejectment and arrears of rent.

2. The plaintiffs case was that the defendant Lalchand had taken the suit house on rent from the former under a rent-note dated Fagun Sudi 1 Smt. 2004 by which the latter agreed to pay rent at the rate Rs. 13/- per mensem. Their case further was that the defendant had been in arrear, so far as the payment of rent was concerned, to the extent of a sum of Rs.178/- upto the date of suit and that they wanted to effect necessary repairs to the house, and, therefore, they filed the present suit for recovery of the arrears of rent as well as for the ejectment of the defendant.

3. The defendant resisted the suit on certain pleas which are not material at this stage at all, and, therefore, these need not be mentioned.

4. The trial court held, that the defendant had defaulted in payment of rent as alleged by the plaintiffs and accordingly gave a decree in favour of the latter for arrears of the rent amounting to Rs. 178/- as well as for possession. The defendant went in appeal to the learned District Judge who also concurred in the finding of the trial court that rent amounting








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