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1962 Supreme(Raj) 141

MODI
Pammandas – Appellant
Versus
Mst. Lachmi Bai – Respondent


Advocates Appeared:
H.P. Gupta, for Appellants; D.P. Gupta, for Respondent

MODI, J.—This is a defendants tenants second appeal in a suit for ejectment.

2. The material facts leading up to this appeal may shortly be stated as follows. It is admitted that the suit house was declared evacuee property under the Administration of Evacuee Property Act, 1950, (Act No. 31 of 1950), and the defendant Lilaram (who having died is now represented by his heirs Pamandas and others, (the present appellants) was admitted as a tenant therein by the Custodian. Thereafter the plaintiffs purchased the property in question at a departmental sale held by public auction on the and June, 1955. They obtained a sale-certificate on the 14th August, 1958. It was mentioned in the sale-certificate that the sale would take effect from the 9th June, 1955. The plaintiffs gave the defendant a notice to quit on the 9th December, 1958. Thereafter they filed the present suit for ejectment on the 29th June, 1959. The plaintiffs brought their suit for ejectment on a number of grounds out of which it is only necessary to mention one for the purposes of this appeal, namely, that they were under a reasonable and bonafide necessity to occupy the suit house.

3. The defendant resisted the suit. He den































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