1989 Supreme(Raj) 631
M.C.JAIN
Bhagwanram – Appellant
Versus
Thakurji Shri Hanumanji Maharaj through next friend – Respondent
For the Appellant:Mr. M.M. Vyas, Advocates.
For the Respondent:Mr. M.M. Lodha and Mr. R.K. Thanvi, Advocates.
JUDGMENT :
1. The second appeal has been filed against the judgment of the Additional District Judge No. 2, Jodhpur dated August 9, 1988 by which he confirmed the judgment of the Additional Munsif No. 2, Jodhpur dated September 3, 1985, decreeing the suit for ejectment and mesne profits @ Rs. 30/- per month. The facts of the case giving rise to the appeal may be summarised thus.
2. On August 10, 1976, the plaintiff-respondent filed a suit in the Court of the Munsif City, Jodhpur for the ejectment of the defendant-appellant and for the recovery of Rs. 570/- as arrears of rent and mesne profits with the allegations, in short, that a property popularly know "Kumbat Sohan Piao" belonging to 'Thakurji Shri Balaji Hanumanji Maharaj' is situated at Mahamandir crossing, Jodhpur. It is a private trust and is managed by its founder manager and trustee Shri Sampatraj. A portion of the property consisting of a shop, front verandah and back sal is in the tenancy and occupation of the defendant on a monthly rent of Rs. 30/-. He has not paid rent after 31.12.1974 despite several demands. He has trespassed upon the open land and piao of the said property and also on the roofs of the demised shop and
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