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1975 Supreme(Raj) 3

JAIN
Rajendra Kumar – Appellant
Versus
Jamna Das – Respondent


Advocates Appeared:
A.K. Bhandari, for Petitioner; N.M. Kasliwal, for Non-petitioner

JAIN, J.—This is a revision application by defendant-tenant against the order of the District Judge, Jaipur City, dated 6-9-73, whereby it dismissed the petitioners appeal and confirmed the order of the Munsif (West) Jaipur City striking out the defence of the petitioner against eviction on 18-11-72.

2. Non-petitioner Jamnadas instituted a suit on 22-8-1968 against the tenant Rajendra Kumar for ejectment and for Rs. 231/- as arrears of rent. He also claimed damages pendente lite and till the date the possession was delivered to the plaintiff at the rate of Rs. 33/- per month. The case of the plaintiff was that the defendant was the tenant vide rent-note dated 22-10-1960 of a shop facing south situated in Tripolia Bazar, Jaipur of the plaintiff at a monthly rent of Rs. 33/-. The plaintiff served a quit notice on 18-4-1968 determining the tenancy and calling upon the tenant to surrender possession within one month from the date of the receipt of the notice. The ground averred in the notice was that the landlord required the shop for his personal necessity. It was further alleged that the defendant had not paid any rent after 31-12-1967 and as such Rs. 231/- were claimed by way of rent


























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