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1968 Supreme(Raj) 2

L.S.MEHTA
Sampat – Appellant
Versus
Idol Shri Chandra Prabhaji Bhagwan, Temple, Deeg – Respondent


Advocates Appeared:
P.C. Mathur, for Appellant; J.P. Jain, for Respondent

L.S. MEHTA, J.—The idol of Shri Chandra Prabhaji, through its managers Sumatilal and Pooran Chand filed a suit in the court of Munsiff, Deeg, on May 23, 1958, with the allegation that there was a Nohra attached to the temple in Deeg. It had been let out to Sampat Mali on a monthly rental of annas eight, on December 10, 1949. The plaintiff required this Nohra for personal and bonafide necessity. Some additional construction was also needed for convenience of pilgrims. It was further wanted for the construction of a Jain Pathshalla. In para No. 6 of the plaint it was pointed out that the tenant committed default in payment of rent, as he had not paid rent for more than 3 years. Notice was given to the defendant on March 9, 1958, terminating the tenancy on April 9, 1958. The plaintiff, in the end, prayed that a decree for ejectment of the Nohra and recovery of arrears of rent for three years, amounting to Rs. 18/-, be passed. In his written statement, filed by the defendant, on August 12, 1958, it was averred that the rent settled for the Nohra was Rs 6/- per year. He, however, contended that the notice was invalid. He further stated that the plaintiff did not require the Nohra for an













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