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1964 Supreme(Raj) 150

SHINGHAL
Madan Lal – Appellant
Versus
Noor Mohamad – Respondent


Advocates Appeared:
P.C. Bhandari, for Appellant; P.N. Dutt, for Respondent

SHINGHAL, J.—Plaintiff Madanlal, who is the appellant, instituted a suit in the court of Munsiff, Jaipur City (East), on May 20, 1959, for the recovery of the arrears of rent, as well as for the eviction of defendant Noor Mohamad, on the ground that he had committed a default in the payment of rent for the period August 5, 1958 to May 4, 1959, in respect of the suit shop, and also on the ground that the shop was required by the plaintiff for his personal bona fide use. The defendant admitted the tenancy but denied the alleged defaults in the payment of the rent, as also the plaintiffs plea that he required the shop for his personal bona fide use. He challenged the validity of the notice as well. The learned Munsiff held that the defendant was not a defaulter, but he decreed the suit on October 12, 1960, for his eviction on the ground that the plaintiff had succeeded in proving his personal necessity for the shop and had also proved that he had given a valid notice to the defendant. The defendant went up in appeal which came to be heard by the learned Senior Civil Judge of Jaipur City. He held that the plaintiff had given a notice to the defendant but that the notice was not in acco













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