Rajasthan High Court
Lodha, J.
Kunj Behari - Appellant
Versus
Acharya Hari - Respondents
S.B. Civil Second Appeal No. 237 of 1972
Decided On : February 24, 1975
2. After recording the evidence produced by the parties, the trial court decreed the plaintiffs suit. Dissatisfied with the judgment and decree by the trial court the defendant filed appeal and the learned Additional District Judge No. 1, Jaipur City, Jaipur, by his judgment and decree dated 2 May, 1972, affirmed the judgment and decree by the trial court. Hence this appeal by the defendant.
3. Learned counsel for the appellant has argued the following points in support of the appeal—
(1) That the lease was for manufacturing purposes and as such, it shall be deemed to be a lease from year to year terminable by six months notice expiring with the end of the year of tenancy and since in the present case the plan tiffs gave notice Exhibit-2 dated 22 April, 1963 terminating the lease from 24 June, 1963, the notice was bad;
(2) That in case the lease is held to be not for manufacturing purposes, even then the notice is bad because it terminates the lease one day before the expiry of the month of tenancy;
(3) That the notice is bad also because it only calls upon the defendant to vacate the premises but there is no mention of termination of the tenancy;
(4) That the plea regarding personal necessity cannot be accepted as there is variance between the notice and the plaint on this point;
(5) That the defendant had tendered the rent to the plaintiffs by money orders prior to the filing of the suit but the plaintiffs refused the same and consequently the defendant was not a defaulter and the case does not fall under sec. 13(4) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, and
(6) That the rent for the shop in question was being paid by a partnership firm and
(2) Allenbury Engineers Pvt. Ltd. vs. Shri Ram Krishna Dalmia ( AIR 1973 SC 425 )
(1) Sati Prasanna Mukherjee vs. Mh: Fazel ( AIR 1952 Cal. 320 )
(3) Umraomal vs. Heeralal ( 1973 RLW 3 6 )
(6) Rupeshwari Debi vs. M/s Lokenath Hosiery Mills ( AIR 1962 Cal. 608 )
(10) Ram Kumar Das vs. Jagdish Chandra Deo Dhabal Deb ( AIR 1952 S.C 23)
(11) Krishna Das Nandy vs. Bidhan Chandra Roy ( AIR 1959 Cal. 181 )
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