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1989 Supreme(Raj) 83

S.C.AGRAWAL
Riyaz Mohammad – Appellant
Versus
Rameshwar – Respondent


Advocates Appeared:
R.M. Lodha, for Appellant; A.K. Bhandari, for Respondent

S.C. AGRAWAL, J.—This second appeal by the tenant, Riyaz Mohammad, arises out of a suit for eviction filed by the respondent, Rameshwar, in respect of a shop situate at Mantharon-Ka-Rasta at Jaipur. The respondent has sought eviction of the appellant on the ground of bonafide and reasonable personal necessity to carry on Kirana business. The said suit was dismissed by the Addl. Munsiff & Judicial Magistrate, First Class No. 4, Jaipur City, Jaipur, by his judgment and decree dated 24th February, 1981, on the view that the respondent had failed to establish reasonable and bonafide personal necessity for the premises. The said judgment and decree of the Addl. Munsiff was reversed in appeal, by the Addl. District & Sessions Judge, No. 6, Jaipur City, who, by his judgment dated 30th September, 1982, passed a decree for eviction against the appellant and in favour of the respondent.

2. One of the questions which has been raised by the appellant in this appeal is whether it was necessary for the courts below to give findings with regard to section 14(2) of the Raj. Premises (Control of Rent & Eviction) Act, 1950 (hereinafter referred to as the Act) and to give a finding whether reasonable








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