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1992 Supreme(Raj) 418

M.C.JAIN
Jaharuddin – Appellant
Versus
Mohammed Lukaman – Respondent


Advocates Appeared:
R.K. Thanvi, for Appellant

MILAP CHANDRA JAIN, J.—This second appeal has been filed by the defendant against the judgment of the learned Additional District Judge No 2, Jodhpur dated November 18, 1992 by which he has dismissed the appeal tiled against the judgment dated March 10, 1992 of the learned Munsiti, Jodhpur City, decreeing the suit against him for his ejectment.

2. The plaintiff respondent filed a suit for ejectment against the defendant on the ground of reasonable and bona fide necessity of the suit shop for the business of his son Mohammed Sadique. After framing necessary issues and recording the evidence of the parties, the learned Munsiff, Jodhpur City decreed the suit and the appeal filed against it by the defendant-appellant was dismissed as said above.

3. It has been contended by the learned counsel for the defendat appellant that the nature of the business which is to be started by the plaintiffs son Mohammed Sadique in the suit shop was not pleaded in the plaint and this fact alone is sufficient to show that the need set up is not genuine and reasonable. He further contended that the reply to the application moved under Order VI Rule 5, C. P. C. for further and better particulars on this poin






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