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2001 Supreme(Raj) 372

R.R.YADAV
Ram Saran Sharma – Appellant
Versus
Kamla Acharya – Respondent


Advocates Appeared:
M.M. Ranjan & J.P. Kaushik, for Appellant R.K. Agarwal, for Respondent

Honble YADAV, J.–The instant second appeal is preferred by the tenant defendant appellant, against the judgment and decree dated 03.4.99, passed by Additional District Judge No.4, Jaipur City, Jaipur, in Regular First Appeal No. 93/97.

(2). It is to be noticed that after receipt of notice in the present second appeal, the landlord plaintiff respondent, filed cross-objection, under Order 41 Rule 22, CPC. I propose to decide second appeal as well as the cross-objection, by a composite order.

(3). Briefly stated, the facts of the present second appeal and cross-objection are as follows:-

(4). A suit for eviction, under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (Act No. 17 of 1950) (hereinafter referred as "the Act No. 17 of 1950"), was filed on the ground of second default in payment of rent and personal bona fide necessity, as envisaged under clauses (a) and (h), respectively, of sub-section (1) of Section 13 of the said Act. In written-statement, the tenant defendant appellant denied the relationship of landlord and tenant, and claimed himself to be the owner of the property in dispute, on basis of adverse possession for being in continuous and uni



















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