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2004 Supreme(Raj) 41

A.C.GOYAL
Ashok Gupta – Appellant
Versus
Ghisi Lal Bararya – Respondent


Advocates Appeared:
S.P. Tyagi, Counsel for Appellants B.P. Agarwal, Senior Advocate with R.P. Agarwal, for Respondent

Honble GOYAL, J.–This first appeal by the appellant-tenant is filed against the judgment and decree of eviction passed on 5.9.1983 by learned Additional District Judge No. 3, Jaipur City, Jaipur in civil suit No. 211/1981

(2). The plaintiff-respondent filed a civil suit in March, 1981 with the averments that house No. C-127 situated in Tilak Nagar, Jaipur was let-out to the defendant No. 1 for the use of office of the defendant No. 2 in April, 1978 at monthly rent of Rs. 1,000/-. The plaintiff sought eviction on the grounds of default in payment of rent, material alterations in the premises, change in use for the purpose it was let-out and reasonable and bonafide requirement.

(3). The defendants in written statement while admitting the tenancy denied all the grounds of eviction with a further plea that monthly rent agreed upon was Rs. 850/-.

(4). On the basis of the pleadings of the parties, issues were framed. Evidence of the parties was recorded. Vide judgment dated 5.9.1983 learned trial Judge decided issues No. 1 and No. 2 in favour of the plaintiff that agreed monthly rent was Rs. 1,000/- and that the plaintiffs requirement is reasonable and bonafide and comparative hardship wou

















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