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1989 Supreme(Raj) 92

NAVIN CHANDRA SHARMA
Bastichand Bhansali – Appellant
Versus
Dharam Vir Kalia – Respondent


Advocates Appeared:
Kewal Chand Samdariya, for Appellant; M.M. Vyas, for Respondent

N.C. SHARMA, J.—This is a second appeal by the plaintiff against the appellate decree of the Additional District Judge No. 2, Jodhpur dated April 7, 1981 dismissing his first appeal against the decree of the Additional Munsif No. 1, Jodhpur dated October 27, 1980.

2. Plaintiff Bastichand Bhansali is an Advocate practising at Jodhpur. He instituted Civil Suit No. 589 of 1976 against the respondent for his ejectment from the dismissed premises detailed and described in para No. 1 of his plaint. Ejectment of the defendant-respondent was claimed on the ground that the plaintiff requires the demised premises for the use and occupation of himself and his family and also for using it for his professional purpose as an Advocate. It was alleged that the plaintiff was residing in tenanted premises situated near Singh Pol Jodhpur. He has his office in Cloth Market also in rented premises.

3. The suit was contested by the defendant. The defendant pleaded in his written statement that he was residing in the suit premises since the year 1960. He denied that the plaintiff reasonably and bonafidely required the suit premises for his personal use. It was alleged that the suit premises previously belo




















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