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2004 Supreme(Raj) 45

A.C.GOYAL
Kahtoon Begum (deceased) through her LRs – Appellant
Versus
Bhagwan Das – Respondent


Advocates Appeared:
M.M. Ranjan, N.K. Maloo, for Appellants S.M. Mehta, Senior Advocate with R.K. Mathur & Punit Bapna, for Plaintiff-Respondent No.1

Honble GOYAL, J.–All these three second appeals have been preferred against the judgment and decree dated 15.9.1998 whereby learned Additional District Judge No.2, Jaipur City, Jaipur while dismissing three appeals affirmed the judgment and decree of eviction passed by learned Civil Judge (Junior Division), West, Jaipur City, Jaipur on 9.4.1997.

(2). The relevant facts in brief are that the suit shop was let out on 12.8.1961 at monthly rent of Rs. 25/- to the original tenant Sh. Chhote Khan by Jaipur Cloth Retailer Association (in short the Association). The Association vide registered gift deed Ex. 5 dated 20.2.1986 gifted this shop to Pushthi Margiya Vaishanva Mandal (in short the Mandal) under intimation to Sh. Chhote Khan vide a registered notice dated 25.2.1986. The Mandal vide registered sale deed Ex.1 dated 12.9.1986 sold this shop to the plaintiff-landlord Sh. Bhagwan Das for a consideration of Rs. 75,000/- under intimation to Sh. Chhote Khan vide registered notice dated 4.10.1986, who filed the present suit on 25.2.1987 for arrears of rent and eviction on the grounds of default in payment of rent and personal reasonable and bonafide requirement as pleaded in paras 5 to 7 of





















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