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1986 Supreme(Raj) 188

S.N.BHARGAVA
Ramavatar Kailash Chand – Appellant
Versus
Suraj Bai – Respondent


Advocates Appeared:
B.P. Agrawal, for Appeallants; M.M. Ranjan, for Respondent

S.N. BHARGAVA, J.—This is tenants second appeal against the judgment and decree passed by Additional District Judge No.5, Jaipur City, setting aside the judgment and decree passed by Additional Munsif magistrate No. 1, Jaipur City, and decreeing the suit of the plaintiff Smt. Suraj Bai.

2. The plnintiff Smt. Suraj Bai filed the present suit for eviction of the suit premises which was given on rent to the appellants on 13.6.1951 at the rate of Rs 18/- per month and wherein the appellants have got their goodown. The plaintiff is running a primary school namely. Nehru Bai Shikahsa Kendra and the accommodation which she had, was insufficient for the School. Therefore, she required the suit premises which is adjacent to the school, for accommodating the students as also for office.

3. The suit v as contested by the tenants. In the written statement, it has been asserted that there is no reasorable and bonafide necessity and further that the plaintiff wanted to increase the rent of the suit premises, and with this object, the suit h?s been filed only to haras the defendants.

4. On the pleadings of the parties, the trial court framed the following four issues:.

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