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2004 Supreme(Raj) 555

A.C.GOYAL
Hira Lal Pukhraj – Appellant
Versus
Prem Kishan – Respondent


Advocates Appeared:
N.K. Maloo with V.K. Tamoliya, for Appellants R.K. Agarwal, for Respondent

Honble GOYAL, J.–This is the second appeal by the tenants against the concurrent judgment and decree of eviction. The parties in this appeal would be referred as arrayed in the plaint.

(2). The relevant facts in brief are that the plaintiff- respondent filed a civil suit for eviction in February, 1977 with the averments that the suit premises situated in the market of Beawar is on rent with the defendant No. 1-firm having the defendants No. 2 to 4 as its partners. Eviction was sought on the grounds of default in payment of rent, reasonable and bonafide requirement of the plaintiff and his family, substantial damage to the premises and nuisance giving the details of each ground of eviction.

(3). Vide written statement having admitted the tenancy, all the grounds of eviction were denied. During the pendency of the suit, the defendant No. 2 Pukhraj expired, hence his legal representatives were brought on record.

(4). On the basis of the pleadings, issues were framed. Evidence of both the parties was recorded. Having heard learned counsel for the parties, Civil Judge (Senior Division), Beawar vide judgment dated 27.1.1990 giving the benefit of first default decreed the suit for eviction o

















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