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1996 Supreme(Raj) 481

P.C.JAIN
Mohamad Hanif – Appellant
Versus
Kalyan Mal – Respondent


Advocates Appeared:
M.S. Ghori, for Petitioner G.R. Singhvi, for Non-petitioner

Honble JAIN, J. – The defendant-petitioner has filed this revision against the order dated 29/9/95 passed by the learned Addl. Distt. Judge No.3, Jodhpur by which he dismissed the appeal of the petitioner and upheld the order of the trial court dated 11.8.95 by which the defence of the petitioner-defendant against default was struck out.

(2). The petitioner is a defendant tenant against whom the non-petitioner-plaintiff filed a suit for eviction and arriors of rent. The Court in that suit determined the rent under Sub-section (3) of Sec. 13 of the Rajasthan Premises (Control of Rent & Eviction) Act on 21/7/92. Thereafter, the plaintiff moved an application under sub-section (5) of Sec. 13 of the Act alleging that the defendant-petitioner has com- mitted several defaults in payment of rent in purshance of the order passed by this Court on 21/7/92. He, therefore, prayed that the defence of the defendant be struck out against eviction. The plaintiff filed a detailed chart showing the defaults committed by the defendant-petitioner. The learned trial Court has given details of the defaults committed by the defendant in payment of rent at page 2 of its order. The defendant petitioner subm








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