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1986 Supreme(Raj) 49

S.S.BYAS, J.R.CHOPRA
Firm Kripa Ram Ganeshi Lal – Appellant
Versus
Vijay Kumar Goyal – Respondent


Advocates Appeared:
H.N. Calla, for Appellant; B.R. Arora, for Respondents.

S.S. BYAS, J —This Civil Special Appeal under section 18 of the Rajas-than High Court Ordinance, 1949 is directed against an order of the learned Single Judge of this Court dated January 30. 1986, by which the appellants (tenants) appeal was dismissed and the order of the learned Additional District Judge (2), Ganganagar, striking out his defence against eviction, was maintained.

2. Very few facts needs narration for the disposal of this appeal. Briefly recapitulated, the relevant facts are that the respondent Vijay Kumar (hereinafter referred to as the landlord) instituted a suit against the defendant appellant (hereinafter referred to as the tenant) for his eviction from the demised property. The eviction was sought on a number of grounds and one of them is that the tenant has neither paid nor tendered the amount of rent due from him for a period of more than six months. He is, therefore, a defaulter within the meaning of Sec. 13 (1) (a) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short Act). The suit was opposed by the tenant. The tenancy was admitted, but the grounds on which the eviction was sought, were refuted, Since one of the grounds for the tenant



















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