LAXMAN DAS S/O SHRI KRIPA RAM AGARWAL Vs. SHRI SULTANA RAM AND OTHERS
LAWS(RAJ)-2005-7-108
HIGH COURT OF RAJASTHAN
Decided on July 05,2005

LAXMAN DAS S/O SHRI KRIPA RAM AGARWAL Appellant
VERSUS
SHRI SULTANA RAM AND OTHERS Respondents

JUDGEMENT

Dinesh Maheshwari, J. - (1.) This second appeal by the defendant tenant has been preferred against the judgment and decree dated 28-7-1980 passed by the Additional District Judge, Sri Ganganagar in Civil Appeal No. 1/1980 whereby the learned appellate Court reversed the decree passed by the trial Court and decreed the suit for eviction filed by the plaintiff-respondents on the ground of reasonable and bonafide requirement.
(2.) Somewhat peculiar facts and circumstances are involved for consideration in this appeal in view of the order of admission passed by this Court on 18-11-1980 and, therefore, it shall be appropriate to relate to the back ground facts.
(3.) The respondents, Sultana Ram, Harchand Ram, Ad Ram and Daya Ram are brothers and co-owners of a property situated at Dhan Mandi, Sri Ganganagar which has been referred as "Dukan No. 1". In fact this property is not one shop as its name suggests but is a comparatively bigger property comprised of different compartments. Its measurement has been stated to be 70' x 20'. On the northern portion of this property of Dukan No. 1, the plaintiffs had four shops which were let out to different tenants. The appellant Laxman Das is one of those tenants. It appears that the plaintiffs were carrying on joint business and were in use and occupation of the remaining part of this property of Dukan No. 1.;


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