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1974 Supreme(Raj) 39

GUPTA, BERI
Banwarilal Sharma – Appellant
Versus
Ram Swaroop – Respondent


Advocates Appeared:
P.C. Bhandari, for Petitioner; R.P. Dave, for M.M. Tewari, for Opposite party

GUPTA, J.—The plaintiff, who claims to be the owner of the premises consisting of a room and a tin shed situated in C Scheme in the city of Jaipur, alleged that he had let out the premises to the defendant on April 1, 1957, on a monthly rent of Rs. 4/-and a rent-deed was executed in respect of this tenancy by the defendant in favour of the plaintiff on April 1, 1957. As the defendant did not make payment of the rent from August 1, 1962, the plaintiff filed a suit on August 27, 1965, in the Court of Judge, Small Causes, Jaipur City, for the recovery of Rs. 144/- as arrears of rent @ Rs. 4/-per month and Rs. 9/- as house tax, in all for Rs. 153/-.

2. The defendant resisted the suit and denied the execution of the alleged rent deed by him in favour of the plaintiff and also took the defence that the alleged rent-deed was an unregistered document and as such was inadmissible in evidence for want of registration. The Judge, Small Causes, Jaipur City, by his order dated March 3, 1966 held that the alleged rent-note was a simple Kirayanama and was admissible in evidence. Thereafter by his judgment dated April 13, 1968, the learned Judge held that the execution of the rent-deed Ex. 1 by the














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