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2005 Supreme(MP) 946

SUBHASH SAMVATSAR
Gopaldas – Appellant
Versus
Rajesh – Respondent


Advocates Appeared:
J.S.Kaurav, K.S.Tomar, N.K.JAIN, U.K.JAIN,

Judgment

( 1. ) THIS appeal is filed by the tenant challenging judgment and decree dated 29-1-1999 passed by Third Additional District Judge, Vidisha in Civil Appeal No. 3-A/96, whereby the First Appellate Court has confirmed the judgment and decree dated 8-4-1996 passed by Second Civil Judge Class-II, Vidisha in Civil Suit No. 1-A/94.

( 2. ) THE briefs facts of the case are that the respondent-plaintiff filed the present suit for ejectment against the appellants-tenants alleging that dharmshala is situated namely Kashiram Biharilal Saraf Dharmshala, which is a registered trust. There is a room in the dharmshala in a round shape which the defendant is a tenant paying rent at the rate of Rs. 30/- per month. The tenancy starts from first of the month. The said premises were let to the defendant for non-residential purpose.

( 3. ) IN the plaint, it is alleged that plaintiff requires the suit accommodation for the office of manager and no other suitable accommodation is available for that purpose. It is alleged that the manager will sit in the office and manage the record and documents of the trust. The said room is near on the front gate of the dharmshala and therefore no suitable accomm




















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