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1977 Supreme(Raj) 23

GUPTA, RAJINDAR SACHAR
General Auto Agencies – Appellant
Versus
Hazari Singh – Respondent


Advocates Appeared:
C.L. Agrawal & M.D. Agrawal, for Appellants; H.M. Parekh & J.P. Rastogi, for Respondent

GUPTA, J.—This special appeal by the tenant- defendant is directed against the judgment of the learned Single Judge dated August 26. 1975. affi ming the judgment and decree of the learned Additioml District Judge No 2, Jaipur, dated September 21, 1974, by which he directed the eviction of the appellant.

2. The defendant-appellant is a tenant on a rental of Rs. 425/- per mensem. The plaintiff claims to have purchased the property in dispute from the previous owner on November 7, 1968. The plaintiff filed a suit for eviction on the ground of personal bonafide need as well as on the ground that he defendant-appellant was in arrears of rent and was a defaulter. The trial rout, by his judgment dated November 21, 1974 decreed the plaintiffs suit and directed the eviction of the appellant.The defendant tiled the first appeal before this court. The following points were argued,—

(1) That the suit was art maintainable as it was filed against M/s General Auto agencies which was not a juristic person.

(2) That the defendant could not be declared as a defaulter after depositing Rs. 12, 225/-as arrears of rent for 27months on the first date of hearing after he was properly served with the correct







































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