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1989 Supreme(Raj) 31

S.C.AGRAWAL
Ram Babu – Appellant
Versus
Padam Chand – Respondent


Advocates Appeared:
D.L. Bardar, for Appellants in both appeals; S.M. Mehta, & Narendra Jain, for Respondents in both appeals

S.C. AGRAWAL, J.—Both these second appeals arising out of suits filed by the respondents, who are common in both the appeals, raise common questions for consideration and, therefore, they are being disposed of by this common judgment.

2. S.B. Civil Second Appeal No. 21/1985 arises out of Civil Suit No. 266/1979 filed by the respondents against the appellant, Ram Babu, for his eviction from a shop situate at Tonk. Appellant Ram Babu is in occupation of the said shop as a tenant since 1968 on a monthly rent of Rs. 45/- per month and he is running a Ration shop in the premises.

3. S.B. Civil Second Appeal No. 37/1985 arises out of a Civil Suit No, 225/1979 filed by the respondents against the appellants, Gopi Lal and Gopal, for their eviction from the shop situate in Tonk. The said shop was let out to the appellants on a monthly rent of Rs. 20/-and the appellant are running a Barber shop in the said premises.

4. The shop which are the subject-matter of dispute in these appeals are adjacent to each other. The plaintiff respondents have sought eviction of the appellants in both the cases on two grounds, namely,(1) reasonable and bonafide personal necessity of the plaintiffs for the purpose

















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